act
dict |
|---|
{
"id": 1,
"lower_text": [
"1 The word “BENGAL” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The second paragraph was added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Districts Act, 1836",
"num_of_sections": 1,
"published_date": "11th September, 1836",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 1,
"details": "It shall be lawful for the 2*** Government, by notification in the official Gazette, to create new districts in any part of Bangladesh. 3Government may, from time to time, alter the limits of the existing districts in any part of Bangladesh.",
"name": "Power to create new Districts",
"related_acts": "",
"section_id": 1
}
],
"text": ""
} |
{
"id": 2,
"lower_text": [],
"name": "The Public Accountant's Default Act, 1850",
"num_of_sections": 6,
"published_date": "22nd March, 1850",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 2,
"details": "1. Every public accountant shall give security for the due discharge of the trusts of his office, and for the due account of all moneys which shall come into his possession or control, by reason of his office.",
"name": "Public Accountants to give security",
"related_acts": "",
"section_id": 1
},
{
"act_id": 2,
"details": "2. In default of any Act having special reference to the office of any public accountant, the security given shall be of such amount and kind, real or personal, or both, and with such sureties (regard being had to the nature of the office), as shall be required by any rules made or to be made from time to time, by the authority by which each public accountant is appointed to his office.",
"name": "Amount and kind of security, and with what sureties",
"related_acts": "",
"section_id": 2
},
{
"act_id": 2,
"details": "3. For the purposes of sections 1 and 2 of this Act, the expression “public accountant” means any person who as Official Assignee or Trustee, or as sarbarahkar, is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging to any other person or persons; and for the purposes of sections 4 and 5 of this Act the expression shall also include any person who, by reason of any office held by him in the service of the State is entrusted with the receipt, custody or control of any moneys or securities for money, or the management of any lands belonging to the Government.",
"name": "“Public accountant” defined",
"related_acts": "",
"section_id": 3
},
{
"act_id": 2,
"details": "4. The person or persons at the head of the office to which any public accountant belongs may proceed against any such public accountant and his securities for any loss or defalcation in his accounts, as if the amount thereof were an arrear of land-revenue due to Government.",
"name": "Prosecution of accountants and sureties",
"related_acts": "",
"section_id": 4
},
{
"act_id": 2,
"details": "5. All Regulations and Acts now or hereafter to be in force for the recovery of arrears of land-revenue due to Government, and for recovery of damages by any person wrongfully proceeded against for any such arrear shall apply, with such changes in the forms of procedure as are necessary to make them applicable to the case, to the proceedings against and by such public accountant.",
"name": "Enactments applied to proceedings by and against accountants",
"related_acts": "",
"section_id": 5
},
{
"act_id": 2,
"details": "6. Repealed by the Repealing Act, 1870 (Act No. XIV of 1870).",
"name": "Repealed",
"related_acts": "",
"section_id": 6
}
],
"text": "For avoiding loss by the default of Public Accountants. Preamble For better avoidance of loss through the default of public accountants; It is enacted as follows:-"
} |
{
"id": 3,
"lower_text": [],
"name": "The Judicial Officer's Protection Act, 1850",
"num_of_sections": 1,
"published_date": "4th April, 1850",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 3,
"details": "1. No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: Provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of; and no officer of any Court or other person, bound to execute the lawful warrants or orders of any such Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.",
"name": "Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders",
"related_acts": "",
"section_id": 1
}
],
"text": "An Act for the protection of Judicial Officers. Preamble FOR the greater protection of Magistrates and others acting judicially; It is enacted as follows:-"
} |
{
"id": 4,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “in the service of the Republic” were substituted, for the words “in the service of the Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Public Servants (Inquiries) Act, 1850",
"num_of_sections": 24,
"published_date": "1st November, 1850",
"related_act": [
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 4,
"details": "1. Repealed by the Repealing Act, 1870 (Act No. XIV of 1870).",
"name": "Repealed",
"related_acts": "",
"section_id": 1
},
{
"act_id": 4,
"details": "2. Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person 2in the service of the Republic not removable from his appointment without the sanction of the Government, it may cause the substance of the imputations to be drawn into distinct articles of charge, and may order a formal and public inquiry to be made into the truth thereof.",
"name": "Articles of charge to be drawn out for public inquiry into conduct of certain public servants",
"related_acts": "",
"section_id": 2
},
{
"act_id": 4,
"details": "3. The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose: notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry.",
"name": "Authorities to whom inquiry may be committedNotice to accused",
"related_acts": "",
"section_id": 3
},
{
"act_id": 4,
"details": "4. When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.",
"name": "Conduct of Government prosecution",
"related_acts": "",
"section_id": 4
},
{
"act_id": 4,
"details": "5. When the charge shall be brought by an accuser, the Government shall require the accusation to be reduced to writing, and verified by the oath or solemn affirmation of the accuser; and every person who shall wilfully and maliciously make any false accusation under this Act, upon such oath or affirmation, shall be liable to the penalties of perjury, but this enactment shall not be construed to prevent the Government from instituting any enquiry which it shall think fit, without such accusation on oath or solemn affirmation as aforesaid.",
"name": "Charge by accuser to be written and verified. Penalty for false accusation. Institution of inquiry by Government",
"related_acts": "",
"section_id": 5
},
{
"act_id": 4,
"details": "6. Where the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury, as the case may be.",
"name": "Security from accuser left by Government, to prosecute",
"related_acts": "",
"section_id": 6
},
{
"act_id": 4,
"details": "7. At any subsequent stage of the proceedings, the Government may, if it think fit, abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.",
"name": "Power of Government to abandon prosecution and to allow accuser to continue it",
"related_acts": "",
"section_id": 7
},
{
"act_id": 4,
"details": "8. The commissioners shall have the same power of punishing contempt's and obstructions to their proceedings, as is given to Civil and Criminal Courts by the Code of Criminal Procedure, 1898, and shall have the same powers for the summons of witnesses, and for compelling the production of documents, and for the discharge of their duty under the commission, and shall be entitled to the same protection as the Zila and City Judges, except that all process to cause the attendance of witnesses or other compulsory process, shall be served through and executed by the Zila or City Judge in whose jurisdiction the witness or other person resides, on whom the process is to be served. When the commission has been issued to a Court, or other person or persons having power to issue such process in the exercise of their ordinary authority, they may also use all such power for the purposes of the commission.",
"name": "Powers of commissioners. Their protection Service of their process Powers of Court, etc., acting under commission",
"related_acts": "75",
"section_id": 8
},
{
"act_id": 4,
"details": "9. All persons disobeying any lawful process issued as aforesaid for the purposes of the commission shall be liable to the same penalties as if the same had issued originally from the Court or other authority through whom it is executed.",
"name": "Penalty for disobedience to process",
"related_acts": "",
"section_id": 9
},
{
"act_id": 4,
"details": "10. A copy of the articles of charge, and list of the documents and witnesses by which each charge is to be sustained, shall be delivered to the person accused, at least three days before the beginning of the inquiry, exclusive of the day of delivery and the first day of the inquiry.",
"name": "Copy of charge and list to be furnished to accused",
"related_acts": "",
"section_id": 10
},
{
"act_id": 4,
"details": "11. At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead \"guilty\" or \"not guilty\" to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.",
"name": "Procedure at beginning of inquiryNon-appearance of accused and admission of charge",
"related_acts": "",
"section_id": 11
},
{
"act_id": 4,
"details": "12. The prosecutor shall then be entitled to address the commissioners in explanation of the articles of charge, and of the evidence by which they are to be proved: his address shall not be recorded.",
"name": "Prosecutor's right of address",
"related_acts": "",
"section_id": 12
},
{
"act_id": 4,
"details": "13. The oral and documentary evidence for the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross examined, but not on any new matter, without leave of the commissioners, who also may put such question as they think fit.",
"name": "Evidence for prosecution and examination of witnesses.Re-examination by prosecutor",
"related_acts": "",
"section_id": 13
},
{
"act_id": 4,
"details": "14. If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demand it, adjournment of the proceedings for three clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.",
"name": "Power to admit or call for new evidence for prosecutionAccused's right to adjournment",
"related_acts": "",
"section_id": 14
},
{
"act_id": 4,
"details": "15. When the case for the prosecution is closed, the person accused shall be required to make his defence, orally or in writing, as he shall prefer. If made orally, it shall not be recorded; if made in writing, it shall be recorded, after being openly read, and in that case a copy shall be given at the same time to the prosecutor.",
"name": "Defence of accused.To be recorded only when written",
"related_acts": "",
"section_id": 15
},
{
"act_id": 4,
"details": "16. The evidence for the defence shall then be exhibited, and the witnesses examined, who shall be liable to cross-examination and re-examination and to examination by the commissioners according to the like rules as the witnesses for the prosecution.",
"name": "Evidence for defence and examination of witnesses",
"related_acts": "",
"section_id": 16
},
{
"act_id": 4,
"details": "17. Repealed by the Repealing Act, 1876 (Act No. XII of 1876).",
"name": "Repealed",
"related_acts": "",
"section_id": 17
},
{
"act_id": 4,
"details": "18. The commissioners or some person appointed by them shall take notes in English of all the oral evidence, which shall be read aloud to each witness by whom the same was given, and, if necessary, explained to him in the language in which it was given, and shall be recorded with the proceedings.",
"name": "Notes of oral evidence",
"related_acts": "",
"section_id": 18
},
{
"act_id": 4,
"details": "19. If the person accused makes only an oral defence, and exhibits no evidence, the inquiry shall end with his defence; if he records a written defence, or exhibits evidence, the prosecutor shall be entitled to a general oral reply on the whole case, and may also exhibit evidence to contradict any evidence exhibited for the defence, in which case the person accused shall not be entitled to any adjournment of the proceedings, although such new evidence were not included in the list furnished to him.",
"name": "Inquiry when closed with defence. Prosecutor when entitled to reply and give evidence. Accused not entitled to adjournment",
"related_acts": "",
"section_id": 19
},
{
"act_id": 4,
"details": "20. When the commissioners shall be of opinion that the articles of charge or any of them, are not drawn with sufficient clearness and precision, the commissioners may, in their discretion, require the same to be amended, and may thereupon, on the application of the person accused, adjourn the inquiry for a reasonable time. The commissioners may also, if they think fit, adjourn the inquiry from time to time, on the application of either the prosecutor or the person accused on the ground of sickness or unavoidable absence of any witness or other reasonable cause. When such application is made and refused, the commissioners shall record the application, and their reasons for refusing to comply with it.",
"name": "Power to require amendment of charge and to adjournReasons for refusing adjournment to be recorded",
"related_acts": "",
"section_id": 20
},
{
"act_id": 4,
"details": "21. After the close of the inquiry the commissioner shall forthwith report to Government their proceedings under the commission, and shall send with the record thereof their opinion upon each of the articles of charge separately, with such observations as they think fit on the whole case.",
"name": "Report of commissioners' proceedings",
"related_acts": "",
"section_id": 21
},
{
"act_id": 4,
"details": "22. The Government, on consideration of the report of the commissioners, may order them to take further evidence, or give further explanation of their opinions. It may also order additional articles of charge to be framed, in which case the inquiry into the truth of such additional articles shall be made in the same manner as is herein directed with respect to the original charges. When special commissioners have been appointed, the Government may also, if it thinks fit, refer the report of the commissioners to the Court or other authority to which the person accused is subordinate, for their opinion on the case; and will finally pass such orders thereon as appear just and consistent with its powers in such cases.",
"name": "Power to call for further evidence or explanation. Inquiry into additional articles of chargeReference of report of special commissioners' final orders",
"related_acts": "",
"section_id": 22
},
{
"act_id": 4,
"details": "23.-24. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "-24. Omitted",
"related_acts": "430",
"section_id": 23
},
{
"act_id": 4,
"details": "25. Nothing in this Act shall be construed to affect the authority of Government, for suspending or removing any public servant for any cause without an inquiry under this Act.",
"name": "Saving of power of removal with-out inquiry under Act",
"related_acts": "",
"section_id": 24
}
],
"text": "For regulating Inquiries into the behaviour of Public Servants. WHEREAS it is expedient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the sanction of the Government, and to make the same uniform throughout 1Bangladesh; It is enacted as follows:-"
} |
{
"id": 5,
"lower_text": [
"1 The words “This Act extends to the whole of Bangladesh” were substituted, for section 1A by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words “Central or any Provincial” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word “Government” was substituted, for the words “Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Taka” was substituted, for the word “rupees” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word “Bengali” was substituted, for the word “English” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words and comma “and also in those of the vernacular language of the district,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Sections 9 to 14 were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Tolls Act, 1851",
"num_of_sections": 16,
"published_date": "4th July, 1851",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 5,
"details": "1. Repealed by the Repealing Act, 1870 (Act XIV of 1870).",
"name": "Repealed",
"related_acts": "",
"section_id": 1
},
{
"act_id": 5,
"details": "1A. 1This Act extends to the whole of Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 5,
"details": "2. The 2* * * Government may cause such rates of toll, as it thinks fit, to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired at the expense of the 3* * * Government; and may place the collection of such tolls under the management of such persons as may appear to it proper: and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the land-revenue.",
"name": "Power to cause levy of tolls on roads and bridges, and to appoint collectors",
"related_acts": "",
"section_id": 3
},
{
"act_id": 5,
"details": "3. In case of non-payment of any such toll on demand, the officer appointed to collect the same may seize any of the carriages or animals on which it is chargeable, or any part of their burden of sufficient value to defray the toll; and, if any toll remains undischarged for twenty-four hours, with the cost arising from such seizure, the case shall be brought before the officer appointed to superintend the collection of the said toll, who may sell the property seized for discharge of the toll, and all expenses occasioned by such non-payment, seizure and sale, and cause any balance that may remain to be returned, on demand, to the owner of the property; and the said officer, on receipt of the property, shall forthwith issue a notice that, at noon of the next day, exclusive of Sunday, or any closed holiday, he will sell the property by auction:",
"name": "Recovery of tolls",
"related_acts": "",
"section_id": 4
},
{
"act_id": 5,
"details": "Provided that, if, at any time before the sale has actually begun, the person whose property has been seized shall tender the amount of all the expenses incurred, and of double the toll payable by him, the said officer shall forthwith release the property seized.",
"name": "Release of seized property on tender of dues",
"related_acts": "",
"section_id": 5
},
{
"act_id": 5,
"details": "4. The following persons and things shall be exempt from payment of tolls: (a) Government Stores and persons in charge thereof; (b) Public servants travelling on duty, and the vehicles and animals employed by the persons aforesaid; (c) Any other class of persons or things which may be exempted by order of the 4Government provided that no exemption shall be granted during the currency of a lease.",
"name": "Exemption from payment of tolls",
"related_acts": "",
"section_id": 6
},
{
"act_id": 5,
"details": "5. All Police-officers shall be bound to assist the toll-collectors, when required, in the execution of this Act; and, for that purpose, shall have the same power which they have in the exercise of their common police-duties.",
"name": "Assistance by Police-officers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 5,
"details": "6. Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand, or take any other or higher toll than the lawful toll, or under colour of this Act seize or sell any property knowing such seizure or sale to be unlawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of this Act, shall be liable on conviction before a Magistrate to imprisonment for any term not exceeding six calendar months, or to fine not exceeding two hundred 5Taka, any part of which fine may be awarded by the Magistrate to the person aggrieved; but this remedy shall not be deemed to bar or affect his right to have redress by suit in the Civil Court.",
"name": "Penalty for offences.\tCompensation to person aggrieved, etc",
"related_acts": "",
"section_id": 8
},
{
"act_id": 5,
"details": "7. A table of the tolls authorized to be taken at any toll-gate or station shall be put up in a conspicuous place near such gate or station legibly written or printed in 6Bengali words and figures, 7* * * to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any unlawful toll.",
"name": "Exhibition of table of tolls, and Statement of penalties",
"related_acts": "",
"section_id": 9
},
{
"act_id": 5,
"details": "8. The tolls levied under this Act shall be deemed public revenue.",
"name": "Tolls levied deemed to be public revenue",
"related_acts": "",
"section_id": 10
},
{
"act_id": 5,
"details": "89.(1) The Government may, from time to time, lease by public auction the levy of tolls upon any public road or bridge, for any period not exceeding 3 years, on such terms and conditions as it may deem fit. (2) The levy of tolls shall be settled with the highest bidder by open public auction: Provided that the Government may, for sufficient reasons to be recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other bid or may withdraw the tolls from such auction. (3) The lessee shall give security for the due fulfilment of the conditions of the lease, and the sums payable under the terms of the lease shall be recoverable as a public demand.",
"name": "Lease of the levy of tolls",
"related_acts": "",
"section_id": 11
},
{
"act_id": 5,
"details": "10. When the right to collect tolls on any public road or bridge has been duly leased, the lessee and the persons employed by the lessee as his agent for collecting tolls shall be deemed to be persons appointed to collect tolls under this Act, and shall exercise all the powers and be subject to all the responsibilities attaching to persons so appointed.",
"name": "Lessee and persons appointed by lessee deemed to be appointed to collect tolls",
"related_acts": "",
"section_id": 12
},
{
"act_id": 5,
"details": "11. The lessee of any toll bar may compound with any person for a certain sum to be paid by such person for himself or for any vehicles or animals kept by him in lieu of the prescribed rates.",
"name": "Lessee may compound with any person",
"related_acts": "",
"section_id": 13
},
{
"act_id": 5,
"details": "12. Whoever, having rendered himself liable to payment of tolls, refuses to pay such tolls, shall be liable to fine which may extend to one hundred Taka.",
"name": "Penalty for refusal to pay toll",
"related_acts": "",
"section_id": 14
},
{
"act_id": 5,
"details": "13. The Government may, by notification in the official Gazette, direct that any power or duty which is conferred or imposed by this Act upon the Government, shall be exercised or discharged by any officer subordinate to it.",
"name": "Government may direct any officer to discharge its power",
"related_acts": "",
"section_id": 15
},
{
"act_id": 5,
"details": "14. The Government may make rules, not inconsistent with the provisions of this Act, “to carry out the purposes of this Act.”",
"name": "Rule making power",
"related_acts": "",
"section_id": 16
}
],
"text": "An Act for enabling Government to levy Tolls on Public Roads and Bridges. Preamble WHEREAS it is expedient to enable Government to levy tolls upon roads and bridges; It is enacted as follows:-"
} |
{
"id": 6,
"lower_text": [],
"name": "The Legal Representative Suits Act, 1855",
"num_of_sections": 2,
"published_date": "27th March, 1855",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 6,
"details": "1. An action may be maintained by the executors, administrators or representatives of any person deceased for any wrong committed in the time of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death; and the damages, when recovered, shall be part of the personal estate of such person: and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.",
"name": "Executors may sue and be sued in certain cases for wrongs committed in life-time of deceased",
"related_acts": "",
"section_id": 1
},
{
"act_id": 6,
"details": "2. No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.",
"name": "Death of either party not to abate suit",
"related_acts": "",
"section_id": 2
}
],
"text": "An Act to enable Executors, Administrators or Represen-tatives to sue and be sued for certain wrongs. Preamble WHEREAS it is expedient to enable executors, administrators or representatives in certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives; It is enacted hereby as follows:-"
} |
{
"id": 7,
"lower_text": [],
"name": "The Fatal Accidents Act, 1855",
"num_of_sections": 4,
"published_date": "27th March, 1855",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 7,
"details": "1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime. Every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased; and in every such action the Court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before mentioned parties, or any of them, in such shares as the Court by its judgment or decree shall direct.",
"name": "Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong",
"related_acts": "",
"section_id": 1
},
{
"act_id": 7,
"details": "2. Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint: Provided that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.",
"name": "Not more than one suit to be brought.Claim for loss to estate may be added",
"related_acts": "",
"section_id": 2
},
{
"act_id": 7,
"details": "3. The plaint in any such action or suit shall give a full particular of the person or persons whom, or on whose behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.",
"name": "Plaintiff shall deliver particulars, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 7,
"details": "4. The following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject-matter; that is to say the word \"person\" shall apply to bodies politic and corporate; and the word \"parent\" shall include father and mother and grand-father and grand-mother; and the word \"child\" shall include son and daughter and grand-son and grand-daughter and step-son and step-daughter.",
"name": "Interpretation clause",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. Preamble WHEREAS no action or suit is now maintainable in any Court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-times right and expedient that the wrong doer in such case should be answerable in damages for the injury so caused by him; It is enacted as follows:-"
} |
{
"id": 8,
"lower_text": [],
"name": "The Bills of Lading Act, 1856",
"num_of_sections": 3,
"published_date": "11th April, 1856",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 8,
"details": "1. Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.",
"name": "Rights under bills of lading to vest in consignee or endorsee",
"related_acts": "",
"section_id": 1
},
{
"act_id": 8,
"details": "2. Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement.",
"name": "Not to affect right of stoppage in transitu or claims for freight",
"related_acts": "",
"section_id": 2
},
{
"act_id": 8,
"details": "3. Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board: Provided that the master or other person so signing may exonerate himself, in respect of such misrepresentation, by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims.",
"name": "Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as against master, etc.",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to amend the Law relating to Bills of Lading. Preamble WHEREAS by the custom of merchants a bill of lading of goods being transferable by endorsement, the property in the goods may thereby pass to the endorsee, but never the less all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property; And whereas it frequently happens that the goods in respect of which bills of lading purport to be signed have not been laden on board, and it is proper that such bills of lading in the hands of a bona fide holder for value should not be questioned by the master or other person signing the same, on the ground of the goods not having been laden as aforesaid; It is enacted as follows:-"
} |
{
"id": 9,
"lower_text": [
"1 The words “established in the territories in the possession and under the Government of East India Company” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Hindu Widow's Re-marriage Act, 1856",
"num_of_sections": 10,
"published_date": "25th July, 1856",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 9,
"details": "1. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu law to the contrary notwithstanding.",
"name": "Marriage of Hindu widows legalized",
"related_acts": "",
"section_id": 1
},
{
"act_id": 9,
"details": "2. All rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same.",
"name": "Rights of widow in deceased husband's property to cease on her re-marriage",
"related_acts": "",
"section_id": 2
},
{
"act_id": 9,
"details": "3. On the re-marriage of a Hindu widow, if neither the widow nor any other person has been expressly constituted by the will or testamentary disposition of the deceased husband the guardian of his children the father or paternal grandfather or the mother or paternal grandmother, of the deceased husband, or any male relative of the deceased husband, may petition the highest Court having original jurisdiction in civil cases in the place where the deceased husband was domiciled at the time of his death for the appointment of some proper person to be guardian of the said children, and thereupon it shall be lawful for the said Court, if it shall think fit, to appoint such guardian, who when appointed shall be entitled to have the care and custody of the said children, or of any of them during their minority, in the place of their mother; and in making such appointment the Court shall be guided, so far as may be by the laws and rules in force touching the guardianship of children who have neither father nor mother: Provided that, when the said children have not property of their own sufficient for their support and proper education whilst minors, no such appointment shall be made otherwise than with the consent of the mother unless the proposed guardian shall have given security for the support and proper education of the children whilst minors.",
"name": "Guardianship of children of deceased husband on the re-marriage of his widow",
"related_acts": "",
"section_id": 3
},
{
"act_id": 9,
"details": "4. Nothing in this Act contained shall be construed to render any widow who, at the time of the death of any person leaving any property, is a childless widow, capable of inheriting the whole or any share of such property, if before the passing of this Act, she would have been incapable of inheriting the same by reason of her being childless widow.",
"name": "Nothing in this Act to render any childless widow capable of inheriting",
"related_acts": "",
"section_id": 4
},
{
"act_id": 9,
"details": "5. Except as in the three preceding sections is provided, a widow shall not, by reason of her re-marriage forfeit any property or any right to which she would otherwise be entitled; and every widow who has re-married shall have the same rights of inheritance as she would have had, had such marriage been her first marriage.",
"name": "Saving of rights of widow marrying, except as provided in sections 2 to 4",
"related_acts": "",
"section_id": 5
},
{
"act_id": 9,
"details": "6. Whatever words spoken, ceremonies performed or engagements made on the marriage of a Hindu female who has not been previously married, are sufficient to constitute a valid marriage, shall have the same effect if spoken, performed or made on the marriage of a Hindu widow; and no marriage shall be declared invalid on the ground that such words, ceremonies or engagements are inapplicable to the case of a widow.",
"name": "Ceremonies constituting valid marriage to have same effect on widow's marriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 9,
"details": "7. If the widow re-marrying is a minor whose marriage has not been consummated, she shall not re-marry without the consent of her father, or if she has no father, of her paternal grandfather, or if she has no such grandfather, of her mother, or, failing all these, of her elder brother, or failing also brothers, of her next male relative.",
"name": "Consent to re-marriage of minor widow",
"related_acts": "",
"section_id": 7
},
{
"act_id": 9,
"details": "All persons knowingly abetting a marriage made contrary to the provisions of this section shall be liable to imprisonment for any term not exceeding one year or to fine or to both.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 9,
"details": "And all marriages made contrary to the provisions of this section may be declared void by a Court of law; Provided, that in any question regarding the validity of a marriage made contrary to the provisions of this section, such consent as is aforesaid shall be presumed until the contrary is proved, and that no such marriage shall be declared void after it has been consummated.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 9,
"details": "In the case of a widow who is of full age, or whose marriage has been consummated, her own consent shall be sufficient consent to constitute her re-marriage lawful and valid.",
"name": "",
"related_acts": "",
"section_id": 10
}
],
"text": "An Act to remove all legal obstacles to the marriage of Hindu Widows. Preamble WHEREAS it is known that, by the law as administered in the Civil Courts 1* * *, Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offspring of such widows by any second marriage are held to be illegitimate and incapable of inheriting property; AND WHEREAS many Hindus believe that this imputed legal incapacity, although it is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent those Hindus who may be so minded from adopting a different custom, in accordance with the dictates of their own conscience; AND WHEREAS it is just to relieve all such Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage of Hindu widows will tend to the promotion of good morals and to the public welfare; It is enacted as follows:-"
} |
{
"id": 10,
"lower_text": [
"1 Sections 3 and 3A were substituted, for section 3 by section 2 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978)",
"2 The clause was added by section 3 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978)",
"3 The words “whenever the Government” were substituted, for the words “whenever any Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “of the province of registration” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Section 19 was substituted, for section 19 by section 4 of the Societies Registration (Amendment) Ordinance, 1978 (Ordinance No. XXXIII of 1978)."
],
"name": "The Societies Registration Act, 1860",
"num_of_sections": 24,
"published_date": "21st May, 1860",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 10,
"details": "1. Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association and filing the same with the Registrar of Joint-stock Companies form themselves into a society under this Act.",
"name": "Societies formed by memorandum of association and registration",
"related_acts": "",
"section_id": 1
},
{
"act_id": 10,
"details": "2.\tThe memorandum of association shall contain the following things (that is to say)- the name of the society: the objects of the society: the names, addresses, and occupations of the governors, council, directors, committee or other governing body to whom, by the rules of the society, the management of its affairs is entrusted. A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body shall be filed with the memorandum of association.",
"name": "Memorandum of association",
"related_acts": "",
"section_id": 2
},
{
"act_id": 10,
"details": "13. Upon the filing of the memorandum and certified copy of the rules and regulations of the society under section 2, the registrar shall certify under his hand that the society is registered under this Act.",
"name": "Registration of societies",
"related_acts": "",
"section_id": 3
},
{
"act_id": 10,
"details": "3A. There shall be paid to the registrar for registration of a society and for matters mentioned in the Schedule to this Act, fees specified in that Schedule or such smaller fees as the Government may direct.",
"name": "Fees to be paid to the Registrar",
"related_acts": "",
"section_id": 4
},
{
"act_id": 10,
"details": "4. Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Registrar of Joint-stock Companies of the names, addresses and occupations of the governors, council, directors, committee or other governing body then entrusted with the management of the affairs of the society.",
"name": "Annual list of managing body to be filed",
"related_acts": "",
"section_id": 5
},
{
"act_id": 10,
"details": "5. The property, moveable and immoveable, belonging to a society registered under this Act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title.",
"name": "Property of society how vested",
"related_acts": "",
"section_id": 6
},
{
"act_id": 10,
"details": "6. Every society registered under this Act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion: Provided that it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.",
"name": "Suits by and against societies",
"related_acts": "",
"section_id": 7
},
{
"act_id": 10,
"details": "7. No suit or proceeding in any Civil Court shall abate or discontinue by reason of the person by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceedings shall be continued in the name of or against the successor of such person.",
"name": "Suits not to abate",
"related_acts": "",
"section_id": 8
},
{
"act_id": 10,
"details": "8. If a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, moveable or immoveable, or against the body of such person or officer, but against the property of the society. The application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.",
"name": "Enforcement of judgment against society",
"related_acts": "",
"section_id": 9
},
{
"act_id": 10,
"details": "9. Whenever by any bye-law duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of bye-laws, by any bye-law made at a general meeting of the members of the society convened for the purpose (for the making of which the concurrent votes of three-fifths of the members present at such meeting shall be necessary), any pecuniary penalty is imposed for the breach of any rule or bye-law of the society, such penalty, when accrued, may be recovered in any Court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.",
"name": "Recovery of penalty accruing under bye-law",
"related_acts": "",
"section_id": 10
},
{
"act_id": 10,
"details": "10. Any member who may be in arrear of a subscription which, according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided.",
"name": "Members liable to be sued as strangers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 10,
"details": "But if the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.",
"name": "Recovery by successful defendant of costs adjudged",
"related_acts": "",
"section_id": 12
},
{
"act_id": 10,
"details": "11. Any member of the society who shall steal, purloin or embezzle any money or other property, or wilfully and maliciously destroy or injure any property of such society, or shall forge any deed, bond, security for money, receipt, or other instrument, whereby the funds of the society may be exposed to loss, shall be subject to the same prosecution, and, if convicted, shall be liable to be punished in like manner as any person not a member would be subject and liable to in respect of the like offence.",
"name": "Members guilty of offences punishable as strangers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 10,
"details": "12.(a) Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report and may convene a special meeting for the consideration thereof according to the regulations of the society; but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting. 12.(b) 2Any such alteration, extension or abridgement or, as the case may be, amalgamation or any change in the name, address or list of Directors, members of the executive committee, governing body or any other body of the society shall be intimated to the registrar for record within twenty-one days from the date of such alteration, extension, amalgamation or change, as the case may be.",
"name": "Societies enable to alter, extend or abridge their purposes",
"related_acts": "",
"section_id": 14
},
{
"act_id": 10,
"details": "Provided that no society shall be dissolved unless three-fifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose:",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 10,
"details": "Provided that 3whenever the Government is a member of, or a contributor to, or otherwise interested in, any society registered under this Act, such society shall not be dissolved without the consent of the Government 4* * *.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 10,
"details": "13. Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of the society is situate; and the Court shall make such order in the matter as it shall deem requisite:",
"name": "Provision for dissolution of societies and adjustment of their affairs.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 10,
"details": "14. If upon the dissolution of any society registered under this Act there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than three-fifths of the members present personally or by proxy at the time of the dissolution, or in, default thereof, by such Court as aforesaid: Provided, however, that this clause shall not apply to any society which shall have been founded or established by the contributions of shareholders in the nature of a Joint-stock Company.",
"name": "Upon a dissolution no member to receive profit.\t\tClause not to apply to Joint-stock Companies",
"related_acts": "",
"section_id": 18
},
{
"act_id": 10,
"details": "15. For the purposes of this Act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations; but in all proceedings under this Act no person shall be entitled to vote or to be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months.",
"name": "Member defined. Disqualified Members",
"related_acts": "",
"section_id": 19
},
{
"act_id": 10,
"details": "16. The governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted.",
"name": "Governing body defined",
"related_acts": "",
"section_id": 20
},
{
"act_id": 10,
"details": "17. Any company or society established for a literary, scientific or charitable purpose, and registered under Act XLIII of 1850, or any such society established and constituted previously to the passing of this Act but not registered under the said Act XLIII of 1850, may at any time hereafter be registered as a society under this Act; subject to the proviso that no such company or society shall be registered under this Act unless an assent to its being so registered has been given by three-fifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body. In the case of a company or society registered under Act XLIII of 1850, the directors shall be deemed to be such governing body. In the case of a society not so registered if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth.",
"name": "Registration of Societies formed before Act.\tAssent required.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 10,
"details": "18. In order to any such society as is mentioned in the last preceding section obtaining registry under this Act, it shall be sufficient that the governing body file with the Registrar of Joint-stock Companies a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on.",
"name": "Such societies to file memorandum, etc., with Registrar of Joint-stock Companies",
"related_acts": "",
"section_id": 22
},
{
"act_id": 10,
"details": "519. Any person may inspect all documents filed with the registrar under this Act, or require a copy or extract of a copy of any document to be certified by the registrar, on payment of the fee specified in the Schedule to this Act in this behalf or such smaller fee as the Government may direct.",
"name": "Inspection of documents\tCertified copies",
"related_acts": "",
"section_id": 23
},
{
"act_id": 10,
"details": "20. The following societies may be registered under this Act: Charitable societies, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of painting and other works or art, collections of natural history, mechanical and philosophical inventions, instru-ments, or designs.",
"name": "To what societies Act applies",
"related_acts": "",
"section_id": 24
}
],
"text": "An Act for the Registration of Literary, Scientific and Charitable Societies. Preamble WHEREAS it is expedient that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education or for charitable purposes; It is enacted as follows:-"
} |
{
"id": 12,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “any part of Bangladesh” were substituted, for the words “Province or place or any part of any province or place” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word “the” was substituted, for the letter “a” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"5 Sections 2A, 2B, 2C and 2D were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words \"to which such district is subordinate\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 Section 4A was inserted by section 3 of the Police (Amendment) Act, 1968 (Act No. IV of 1968).",
"8 Section 14A was inserted by section 2 of the East Pakistan (Amendment) Ordinance, 1963 (Ordinance No. IV of 1963).",
"9 Section 30A was inserted by section 11 of the Police (Amendment) Act, 1895 (Act No. VIII of 1895).",
"10 Section 34A was inserted by section 2 of the East Pakistan (Amendment) Act, 1957 (Act No. XVIII of 1957).",
"11 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The words \"Province or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The words \"Province or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"14 The words \"Province or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Police Act, 1861",
"num_of_sections": 64,
"published_date": "22nd March, 1861",
"related_act": [
75,
12,
430
],
"repelled": false,
"sections": [
{
"act_id": 12,
"details": "1. The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say,- the words \"Magistrate of the district\" shall mean the chief officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the chief officer charged with such executive administration is styled: the word \"Magistrate\" shall include all persons within the general police-district, exercising all or any of the powers of a Magistrate: the word \"police\" shall include all persons who shall be enrolled under this Act: the words \"general police-district\" shall embrace 3any part of Bangladesh, in which this Act shall be ordered to take effect: the words \"District Superintendent\" and \"District Superin-tendent of Police\" shall include any Assistant District Superintendent or other person appointed by general or special order of the Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district: the word \"property\" shall include any moveable property, money or valuable security: the word \"person\" shall include a company or corporation: the word \"month\" shall mean a calendar month: the word “cattle\" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. References to the subordinate ranks of a police-force shall be construed as references to members of that force below the rank of Inspector of Police.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 1
},
{
"act_id": 12,
"details": "2. The entire police-establishment under 4the Government shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the Government. Subject to the provisions of this Act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may be determined by the Government.",
"name": "Constitution of the force",
"related_acts": "",
"section_id": 2
},
{
"act_id": 12,
"details": "52A. It shall be lawful for the Government to divide Bangladesh, from time to time, into as many general police-districts as it may think fit, and from time to time to vary and alter any of such general police-districts, or to consolidate two or more of such general police-districts into one district, as it may think fit.",
"name": "General police districts",
"related_acts": "",
"section_id": 3
},
{
"act_id": 12,
"details": "2B. It shall be lawful for the Government in each such general police-district to appoint some person to exercise in such district the powers of an Inspector-General of Police, whether such person shall or shall not hold any other office under the Government; and the administration of the police throughout such general police-district, and all powers and authorities by this Act or any other Act conferred on an Inspector-General of Police, shall be vested in such person.",
"name": "Appointing persons to exercise powers of Inspector General",
"related_acts": "",
"section_id": 4
},
{
"act_id": 12,
"details": "2C. The entire police-establishment in every such district shall, for the purposes of this Act, be deemed to be one police-force, and shall be formally enrolled, and shall consist of such number of officers and men, and shall be constituted in such manner, as shall from time to time be ordered by the Government. The pay and all other conditions of service of the members of such force below the rank of Deputy Superintendent shall, subject to the provisions of this Act, be such as may be determined by the Government.",
"name": "Police establishment in every district deemed to be one police force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 12,
"details": "2D. It shall be lawful for the Government to employ members of the police-force who have been enrolled in, or appointed to, any one general police-district, in any other general police-district in Bangladesh and the powers conferred on police-officers by the Code of Criminal Procedure, 1898, may be by them exercised in any portion of Bangladesh without reference to the local limits of the general police-district to which they may respectively belong.",
"name": "Members enrolled or appointed to one general police-district may be employed to other general police-district",
"related_acts": "75",
"section_id": 6
},
{
"act_id": 12,
"details": "3. The superintendence of the police throughout a general police-district shall vest in and shall be exercised by the Government 6* * *; and, except as authorized under the provisions of this Act, no person, officer or Court shall be empowered by the Government to supersede or control any police functionary.",
"name": "Superintendence in the Government",
"related_acts": "",
"section_id": 7
},
{
"act_id": 12,
"details": "4. The administration of the police throughout a general police-district shall be vested in an officer to be styled the Inspector-General of Police and in such Deputy Inspectors-General and Assistant Inspectors-General as to the Government shall seem fit. The administration of the police throughout the local jurisdiction of the Magistrate of the district shall, under the general control and direction of such Magistrate, be vested in a District Superintendent and such Assistant District Superintendents as the Government shall consider necessary.",
"name": "Inspector-General of Police, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 12,
"details": "74A. (1) The Government may, whenever necessary appoint an Additional Inspector-General of Police. (2) The Additional Inspector-General of Police so appointed shall discharge any of the functions of the Inspector-General of Police which the Inspector-General of Police may assign to him, and in the discharge of those functions, he shall exercise the same powers as the Inspector-General of Police.",
"name": "Additional Inspector-General of Police, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 12,
"details": "5. The Inspector-General of Police shall have the full powers of Magistrate throughout the general police-district; but shall exercise those powers subject to such limitation as may from time to time be imposed by the Government.",
"name": "Powers of Inspector-General\tExercise of powers",
"related_acts": "",
"section_id": 10
},
{
"act_id": 12,
"details": "6. Repealed by the Code of Criminal Procedure, 1882 (Act No. X of 1882).",
"name": "Repealed",
"related_acts": "",
"section_id": 11
},
{
"act_id": 12,
"details": "7. Subject to such rules as the Government may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same; or may award any one or more of the following punishments to any police-officer of the subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely: (a)\tfine to any amount not exceeding one month's pay; (b) \tconfinement to quarters for a term not exceeding fifteen days, with or without punishment drill, extra guard, fatigue or other duty; (c) \tdeprivation of good-conduct pay; (d) removal from any office of distinction or special emolument.",
"name": "Appointment, dismissal, etc., of inferior officers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 12,
"details": "8. Every police-officer appointed to the police-force other than an officer mentioned in section 4 shall receive on his appointment a certificate in the form annexed to this Act, under the seal of the Inspector-General or such other officer as the Inspector-General shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a police-officer.",
"name": "Certificates to police-officers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 12,
"details": "Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police-officer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same. A police-officer shall not by reason of being suspended from office cease to be a police-officer. During the term of such suspension the powers, functions and privileges vested in him as a police-officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended.",
"name": "Surrender of certificate",
"related_acts": "",
"section_id": 14
},
{
"act_id": 12,
"details": "9. No police-officer shall be at liberty to withdraw himself from the duties of his office, unless expressly allowed to do so by the District Superintendent or by some other officer authorized to grant such permission, or, without the leave of the District Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing for a period of not less than two months, of his intention to resign.",
"name": "Police-officer not to resign without leave or two months’ notice",
"related_acts": "",
"section_id": 15
},
{
"act_id": 12,
"details": "10. No police-officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Inspector-General.",
"name": "Police-officers not to engage in other employment",
"related_acts": "",
"section_id": 16
},
{
"act_id": 12,
"details": "11. Repealed by the Repealing Act, 1874 (Act No. XVI of 1874).",
"name": "Repealed",
"related_acts": "",
"section_id": 17
},
{
"act_id": 12,
"details": "12. The Inspector-General of Police may, from time to time, subject to the approval of the Government, frame such orders and rules as he shall deem expedient relative to the organization, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; and all such other orders and rules relative to the police-force as the Inspector-General, shall, from time to time deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties.",
"name": "Power of Inspector-General to make rules",
"related_acts": "",
"section_id": 18
},
{
"act_id": 12,
"details": "13. It shall be lawful for the Inspector-General of Police, or any Deputy Inspector-General, or Assistant Inspector-General or for the District Superintendent, subject to the general direction of the Magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of police-officers to keep the peace at any place within the general police-district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge of the person making the application: Provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one month's notice in writing to the Inspector-General, Deputy Inspector-General, or Assistant Inspector-General, or to the District Superintendent, to require that the police-officers so deputed shall be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.",
"name": "Additional Police-officers employed at cost of individuals",
"related_acts": "",
"section_id": 19
},
{
"act_id": 12,
"details": "14. Whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the Inspector-General that the employment of an additional police-force in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the Inspector-General, with the consent of the Government to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly.",
"name": "Appointment of additional force in the neighbourhood of railway and other works",
"related_acts": "",
"section_id": 20
},
{
"act_id": 12,
"details": "814A.(1) Notwithstanding anything contained in any other law for the time being in force, the Inspector-General of Police or any officer authorised by him in writing in this behalf may, with the sanction of the Government, by notification in the official Gazette, order the embodiment into the Police Force of the Railway Watch and Ward in their entirety or such portion thereof as he may determine, specifying the rank or ranks of persons so embodied, for such period as may be specified in the notification. (2) On the publication of a notification under sub-section (1), such Railway Watch and Ward shall be subject to the provisions of the Police Act, 1861. (3) Every person embodied under sub-section (1) shall have the same powers, privileges and protection and shall be liable to perform the same duties and shall be amenable to the same penalties and be subordinate to the same authorities as the officers of the Police.",
"name": "Embodiment of Railway Watch and Ward into Police Force",
"related_acts": "12",
"section_id": 21
},
{
"act_id": 12,
"details": "15.(1) It shall be lawful for the Government, by proclamation to be notified in the official Gazette, and in such other manner as the Government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police. (2) It shall thereupon be lawful for the Inspector-General of Police, or other officer authorized by the Government in this behalf, with the sanction of the Government, to employ any police-force in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid. (3) Subject to the provisions of sub-section (5) of this section, the cost of such additional police-force shall be borne by the inhabitants of such area described in the proclamation. (4) The Magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding sub-section. Such apportionment shall be made according to the Magistrate's judgment of the respective means within such area of such inhabitants. (5) It shall be lawful for the Government by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost. (6) Every proclamation issued under sub-section (1) of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for a further period or periods as the Government may in each case think fit to direct. Explanation.-For the purposes of this section, \"inhabitants\" shall include persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actually reside therein.",
"name": "Quartering of additional police in disturbed or dangerous districts",
"related_acts": "",
"section_id": 22
},
{
"act_id": 12,
"details": "15A.(1) If, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the Magistrate of the district or of the sub-division of a district within which such area is situated. (2) It shall thereupon be lawful for the Magistrate of the district, with the sanction of the Government after such enquiry as he may deem necessary, and whether any additional police-force has or has not been quartered in such area under the last preceding section, to, (a) \tdeclare the persons to whom injury has been caused by or has ensued from such misconduct; (b) fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them; and (c) \tassess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding sub- section: Provided that the Magistrate shall not make any declaration or assessment under this sub-section, unless he is of opinion that such injury as aforesaid had arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury. (3) It shall be lawful for the Government, by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation. (4) Every declaration or assessment made or order passed by the Magistrate of the district under sub-section (2) shall be subject to revision by the Commissioner of the Division or the Government, but save as aforesaid shall be final. (5) No civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section. (6) Explanation.-In this section the word “inhabitants” shall have the same meaning as in the last preceding section.",
"name": "Awarding compensation to sufferers from misconduct of inhabitants or person interested in land",
"related_acts": "",
"section_id": 23
},
{
"act_id": 12,
"details": "16.(1) All moneys payable under sections 13, 14, 15, and 15A shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1882, for the recovery of fines, or by suit in any competent Court. (2) Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937. (3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.",
"name": "Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered",
"related_acts": "",
"section_id": 24
},
{
"act_id": 12,
"details": "17.(1) When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place or may be reasonably apprehended, or that an offence under the Prevention of Smuggling Act, 1952, has been committed or may be reasonably apprehended, and that the police-force ordinarily employed for preserving the peace or for prevention of an offence under the Prevention of Smuggling Act, 1952, is not sufficient, for preservation of peace and for protection of the inhabitants and security of the property in the place where such unlawful assembly or riot or disturbance of the peace has occurred or is apprehended, or for prevention of such offence, it shall be lawful, for any police-officer not below the rank of an Inspector to apply to the nearest Magistrate and for the District Magistrate or the Sub- divisional Magistrate on his own motion, to appoint so many of the residents of the neighbourhood, as such police-officer may require or the District Magistrate or the Sub-divisional Magistrate may deem proper, to act as special police officers for such time and within such limits as the Magistrate or the District Magistrate or the Sub divisional Magistrate shall deem necessary; and the Magistrate to whom such application is made by the police-officer shall, unless he sees cause to the contrary, comply with the application. (2) The names of the special police-officers appointed under sub-section (1) shall forthwith be forwarded to the District Superintendent.",
"name": "Special police-officers",
"related_acts": "",
"section_id": 25
},
{
"act_id": 12,
"details": "18. Every special police-officer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.",
"name": "Powers of special police-officers",
"related_acts": "",
"section_id": 26
},
{
"act_id": 12,
"details": "19. If any person being appointed a special police-officer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding fifty taka for every such neglect, refusal or disobedience.",
"name": "Refusal to serve as special police-officers",
"related_acts": "",
"section_id": 27
},
{
"act_id": 12,
"details": "20. Police-officers enrolled under this Act shall not exercise any authority, except the authority provided for a police-officer under this Act and any Act which hereafter be passed for regulating criminal procedure.",
"name": "Authority to be exercised by police-officers",
"related_acts": "",
"section_id": 28
},
{
"act_id": 12,
"details": "21. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 29
},
{
"act_id": 12,
"details": "22. Every police-officer shall, for all purposes in this Act contained, be considered to be always on duty, and may at any time be employed as a police-officer in any part of the general police-district.",
"name": "Police-officers always on duty and may be employed in any part of district",
"related_acts": "",
"section_id": 30
},
{
"act_id": 12,
"details": "23. It shall be the duty of every police-officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace; to prevent the commission of offences and public nuisances; to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists: and it shall be lawful for every police-officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking-shop, gamming-house or other place of resort of loose and disorderly characters.",
"name": "Duties of police-officers",
"related_acts": "",
"section_id": 31
},
{
"act_id": 12,
"details": "24. It shall be lawful for any police-officer to lay any information before a Magistrate, and to apply for a summons, warrant, search-warrant or such other legal process as may by law issue against any person committing an offence.",
"name": "Police-officers may lay information, etc.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 12,
"details": "25. It shall be the duty of every police-officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Magistrate of the district. The police-officers shall be guided as to the disposal of such property by such orders as they shall receive from the Magistrate of the district.",
"name": "Police-officers to take charge of unclaimed property, and be subject to Magistrate’s orders as to disposal",
"related_acts": "",
"section_id": 33
},
{
"act_id": 12,
"details": "26.(1) The Magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation. (2) The provisions of section 525 of the Code of Criminal Procedure, 1882, shall be applicable to property referred to in this section.",
"name": "Magistrate may detain property and issue proclamation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 12,
"details": "27.(1) If no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under sub-section (2) of the last preceding section, be sold under the orders of the Magistrate of the district. (2) The sale-proceeds of property sold under the preceding sub-section and the proceeds of property sold under section 26 to which no claim has been established shall be at the disposal of the Government.",
"name": "Confiscation of property if no claimant appears",
"related_acts": "",
"section_id": 35
},
{
"act_id": 12,
"details": "28. Every person, having ceased to be an enrolled police-officer under this Act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable, on conviction before a Magistrate, to a penalty not exceeding two hundred taka, or to imprisonment with or without hard labour, for a period not exceeding six months, or to both.",
"name": "Persons refusing to deliver up certificate, etc., on ceasing to be police-officers",
"related_acts": "",
"section_id": 36
},
{
"act_id": 12,
"details": "29. Every police-officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice for the period of two months, or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his police-duty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months` pay, or to imprisonment with or without hard labour, for a period not exceeding three months, or to both.",
"name": "Penalties for neglect of duty, etc.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 12,
"details": "30.(1) The District Superintendent or Assistant District Superintendent of Police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass. (2) He may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the Magistrate of the district, or of the sub-division of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a license. (3) On such application being made, he may issue a license specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: Provided that no fee shall be charged on the application for, or grant of, any such license.",
"name": "Regulation of public assemblies and processions, and licensing of same",
"related_acts": "",
"section_id": 38
},
{
"act_id": 12,
"details": "(4) He may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies.",
"name": "Music in the streets",
"related_acts": "",
"section_id": 39
},
{
"act_id": 12,
"details": "930A.(1) Any Magistrate or District Superintendent of Police or Assistant District Superintendent of Police or Inspector of Police or any police officer in charge of a station may stop any procession which violates the conditions of a license granted under the last foregoing section, and may order it or any assembly which violates any such conditions as aforesaid to disperse. (2) Any procession or assembly which neglects or refuses to obey any order given under the last preceding sub-section shall be deemed to be an unlawful assembly.",
"name": "Powers with regard to assemblies and processions violating condition of license",
"related_acts": "",
"section_id": 40
},
{
"act_id": 12,
"details": "31. It shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landing-places, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landing-place may be thronged or may be liable to be obstructed.",
"name": "Police to keep order in public roads, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 12,
"details": "32. Every person opposing or not obeying the orders issued under the last three preceding sections, or violating the conditions of any license granted by the District Superintendent or Assistant District Superintendent of Police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred taka.",
"name": "Penalty for disobeying orders issued under last three sections, etc.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 12,
"details": "33. Nothing in the last four preceding sections shall be deemed to interfere with the general control of the Magistrate of the district over the matters referred to therein.",
"name": "Saving of control of Magistrate of district",
"related_acts": "",
"section_id": 43
},
{
"act_id": 12,
"details": "34. Any person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the Government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty taka, or to imprisonment with or without hard labour not exceeding eight days; and it shall be lawful for any police-officer to take into custody, without a warrant, any person who within his view commits any of such offences, namely:-",
"name": "Punishment for certain offences on roads, etc.\tPower of police- officers",
"related_acts": "",
"section_id": 44
},
{
"act_id": 12,
"details": "First.-Any person who slaughters any cattle or cleans any carcass; any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle:",
"name": "",
"related_acts": "",
"section_id": 45
},
{
"act_id": 12,
"details": "Second.-Any person who wantonly or cruelly beats, abuses or tortures any animal:",
"name": "Cruelty to animals",
"related_acts": "",
"section_id": 46
},
{
"act_id": 12,
"details": "Third.-Any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public:",
"name": "",
"related_acts": "",
"section_id": 47
},
{
"act_id": 12,
"details": "Fourth.-Any person who exposes any goods for sale:",
"name": "Exposing goods for sale",
"related_acts": "",
"section_id": 48
},
{
"act_id": 12,
"details": "Fifth.-Any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dung-heap or the like:",
"name": "Throwing dirt into street",
"related_acts": "",
"section_id": 49
},
{
"act_id": 12,
"details": "Sixth.-Any person who is found drunk or riotous or who is incapable of taking care of himself:",
"name": "Being found drunk or riotous",
"related_acts": "",
"section_id": 50
},
{
"act_id": 12,
"details": "Seventh.Any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose:",
"name": "Indecent exposure of person",
"related_acts": "",
"section_id": 51
},
{
"act_id": 12,
"details": "Eighth.Any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure.",
"name": "Neglect to protect dangerous places",
"related_acts": "",
"section_id": 52
},
{
"act_id": 12,
"details": "1034A.(1) No person shall sell or offer for sale any ticket once issued for admission as spectator to any place of entertainment at a price higher than the price at which such ticket was originally issued. Explanation.In this section, the word “entertainment\" means any exhibition, performance, amusement, game or sports to which persons are admitted as spectators on production of tickets and a \"place of entertainment\" shall be construed accordingly. (2) Whoever contravenes the provision of sub-section (1) shall be liable to imprisonment for a term which may extend to three months or to a fine which may extend to one hundred taka or to both. (3) Any police-officer not below the rank of Sub-Inspector or Sergeant may arrest without warrant any person committing an offence under sub-section (1).",
"name": "Prohibition to sell tickets, etc.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 12,
"details": "35. Any charge against a police-officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a Magistrate.",
"name": "Jurisdiction",
"related_acts": "",
"section_id": 54
},
{
"act_id": 12,
"details": "36. Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act or any other or higher penalty or punishment than is provided for such offence by this Act: Provided that no person shall be punished twice for the same offence.",
"name": "Power to prosecute under other law not affected",
"related_acts": "",
"section_id": 55
},
{
"act_id": 12,
"details": "37. The provisions of sections 64 to 70, both inclusive, of the 11* * * Penal Code, and of sections 386 to 389, both inclusive, of the Code of Criminal Procedure, 1882, with respect to fines, shall apply to penalties and fines imposed under this Act on conviction before a Magistrate: Provided that, notwithstanding anything contained in section 65 of the first-mentioned Code, any person sentenced to fine under section 34 of this Act may be imprisoned in default of payment of such fine for any period not exceeding eight days.",
"name": "Recovery of penalties and fines imposed by Magistrates",
"related_acts": "",
"section_id": 56
},
{
"act_id": 12,
"details": "38-40. Repealed by section 14 of the Police Amendment Act, 1895 (Act No. VIII of 1895. 41. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 57
},
{
"act_id": 12,
"details": "42. All actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this Act, or under the general police-powers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant, or to the District Superintendent or an Assistant District Superintendent of the district in which the act was committed, one month at least before the commencement of the action.",
"name": "Limitation of actions",
"related_acts": "",
"section_id": 58
},
{
"act_id": 12,
"details": "No plaintiff shall recover in any such action if tender of sufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant, and, though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial is held shall certify his approbation of the action: Provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act.",
"name": "Tender of amends",
"related_acts": "",
"section_id": 59
},
{
"act_id": 12,
"details": "43. When any action or prosecution shall be brought or any proceedings held against any police-officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate. Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the Court shall see reason to doubt its being genuine: Provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.",
"name": "Plea that act was done under warrant",
"related_acts": "",
"section_id": 60
},
{
"act_id": 12,
"details": "44. It shall be the duty of every officer in charge of a police-station to keep a general diary in such form as shall from time to time, be prescribed by the Government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined. The Magistrate of the district shall be at liberty to call for and inspect such diary.",
"name": "Police-officers to keep dairy",
"related_acts": "",
"section_id": 61
},
{
"act_id": 12,
"details": "45. The Government may direct the submission of such returns by the Inspector-General and other police-officers as to such Government shall seem proper, and may prescribe the form in which such returns shall be made.",
"name": "Government may prescribe form of returns",
"related_acts": "",
"section_id": 62
},
{
"act_id": 12,
"details": "46.(1) This Act shall not by its own operation take effect in any 12* * * place. But the Government by an order to be published in the official Gazette may extend the whole or any part of this Act to any 13* * * place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such 14* * * place. (2) When the whole or any part of this Act shall have been so extended, the Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act (a)\tto regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act; (b)\tto prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and (c)\tgenerally, for giving effect to the provisions of this Act. (3) All rules made under this Act may from time to time be amended, added to or cancelled by the Government.",
"name": "Scope of Act",
"related_acts": "",
"section_id": 63
},
{
"act_id": 12,
"details": "47. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 64
}
],
"text": "2♣An Act for the Regulation of Police. Preamble WHEREAS it is expedient to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime; It is enacted as follows:-"
} |
{
"id": 11,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Rangpur” was substituted, for the word “Kahmir” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Khulna” was substituted, for the word “Junagadh” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Khulna” was substituted, for the word “Junagadh” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word “Chittagong” was substituted, for the word “Lahore” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, figures, commas and semi colon “any of the provisions of the statute 3 & 4 William IV, Chapter 85, or of any Act of Parliament of the United Kingdom passed after that statute in anywise affecting the East Indian Company or Pakistan or the inhabitants thereof; or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word “Republic” was substituted, for the word “State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Servant of the Republic” were substituted, for the words “Servant of the State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words “while serving under the Government” were omitted by section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"11 Clause Third was substituted, for clause Third by section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"12 The comma and words “, and every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty” were omitted by section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"13 Clause Twelfth was added by section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"14 Section 52A was inserted by section 2 of the Indian Penal Code (Amendment) Act, 1942 (Act No. VIII of 1942)",
"15 The words “Imprisonment for life” were substituted, for the word “Transportation” by section 2 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"16 The explanation was added by section 2 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"17 Section 53A was inserted by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"18 The words “the Government” were substituted, for the words “Central Government or the Provincial Government of the province within which the offender shall have been sentenced” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The word “imprisonment” was substituted, for the word “transportation” by section 4 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"20 The word “imprisonment” was substituted, for the word “transportation” by section 4 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"21 The words “the Government” were substituted, for the words “Provincial Government of the Province within which the offender shall have been sentenced” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The word “twenty” was substituted, for the word “fourteen” by section 4 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"23 Section 55A was inserted by the Government of India (Adaptation of Indian Laws) Order, 1937",
"24 The word “imprisonment” was substituted, for the word “transportation” by section 4 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"25 The words “rigorous imprisonment for thirty years” were substituted, for the words “transportation for twenty years” by section 5 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"26 The word “or” at the end of clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"28 The word “nine” was substituted, for the word “seven” by section 2 of the Penal Code (Amendment) Act, 2004 (Act No. XXIV of 2004)",
"29 The word “nine” was substituted, for the word “seven” by section 3 of the Penal Code (Amendment) Act, 2004 (Act No. XXIV of 2004)",
"30 Section 108A was added by section 3 of the Indian Penal Code (Amendment) Act, 1898 (Act No. IV of 1898)",
"31 The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"32 The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"33 The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"34 The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"35 CHAPTER VA was inserted by the Indian Criminal Law (Amendment) Act, 1913 (Act No. VIII of 1913).",
"36 The words “imprisonment for life” were substituted, for the word “transportation” by section 8 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"37 The word “imprisonment” was substituted, for the word “transportation” by section 9 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"38 Section 121A was inserted by section 4 of the Indian Criminal Law (Amendment) Act, 1870 (Act No. XXVII of 1870)",
"39 The words “imprisonment for life” were substituted, for the words “transportation for life or any shorter term” by section 10 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"40 The word “imprisonment” was substituted, for the word “transportation” by section 11 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"41 Section 123A was inserted by section 2 of the Pakistan Penal Code (Amendment) Act, 1950 (Act No. LXXI of 1950)",
"42 The words “in pursuance of the Proclamation of Independence on the twenty-sixth day of March, 1971” were substituted, for the words, comma and figure “by virtue of the partition of India which was effected on the fourteenth day of August, 1947” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 The words “the Government” were substituted, for the words “the Governor of any Province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 The words “the Government” were substituted, for the word “Governor” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"45 The words “or Governor” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"46 Section 124A was substituted, for section 124A by section 4 of the Indian Penal Coe Amendment Act, 1898 (Act No. IV of 1898)",
"47 The words “imprisonment for life” were substituted, for the words “transportation for life or any shorter term” by section 12 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"48 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"49 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"50 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"51 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"52 The words, commas and figures “Army Act, 1985 or the Navy Ordinance, 1961 or the Air Force Act, 1953” were substituted, for the words “Army Act, the Indian Army Act, 1911, the Pakistan Army Act, 1952, the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934, the Air Force Act or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"53 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"54 The words, commas and figure “Army Act, the Indian Army Act, 1911, the Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"55 The words, comma and figure “Navy Ordinance, 1961” were substituted, for the words, brackets, comma and figure “the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"56 The words, comma and figure “Air Force Act or the Indian Air Force Act, 1932 or the Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"57 Section 153A was added by section 5 of the Indian Penal Code (Amendment) Act, 1898 (Act No. IV of 1898)",
"58 Section 153B was inserted by section 2 of the Pakistan Penal Code (Second Amendment) Ordinance, 1962 (Ordinance No. LXX of 1962)",
"59 Section 165A was inserted by the Criminal Law (Amendment) Act, 1953 (Act No. XXXVII of 1953)",
"60 Section 165B was inserted by section 2 of the Pakistan Penal Code (Amendment) Ordinance, 1962 (Ordinance No. LIX of 1962)",
"61 CHAPTER IXA was inserted by section 2 of the Elections Offences and Inquiries Act, 1920 (Act No. XXXIX of 1920).",
"62 The words “Supreme Court of Bangladesh” were substituted, for the words “High Court of East Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"63 The words “any law for the time being inforce” were substituted, for the words, figures and commas “clause 5, section VII of Regulation III, 1821, of the Bengal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"64 The word “imprisonment” was substituted, for the word “transportation” by section 13 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"65 The words “imprisonment for life” were substituted, for the words “transportation for life” by section 14 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"66 The words “imprisonment for life” were substituted, for the words “transportation for life” by section 14 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"67 The words “such imprisonment for life” were substituted, for the words “such transportation” by section 14 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"68 The words “imprisonment for life” were substituted, for the words “transportation for life” by section 15 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"69 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"70 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"71 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"72 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"73 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"74 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"75 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"76 The word “imprisonment for life” were substituted, for the words “transportation for life” by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"77 The word “imprisonment for life” were substituted, for the words “transportation for life” by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"78 The words “or to transportation” omitted by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"79 The word “imprisonment for life” were substituted, for the words “transportation for life” by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"80 The word “imprisonment for life” were substituted, for the words “transportation for life” by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"81 The words “or to transportation” were omitted by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"82 The word “imprisonment for life” were substituted, for the words “transportation for life” by section 17 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"83 Sections 225A and 225B were substituted, for section 225A by section 24of the Indian Criminal Law (Amendment) Act, 1886 (Act No. X of 1886)",
"84 The words “of Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"85 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"86 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"87 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"88 Section 263A was inserted by section 2 of the Indian Criminal Law (Amendment) Act, 1895 (Act No. III of 1895)",
"89 The words and commas “three years, or with fine which may, subject to the minimum of one thousand taka, extend to five thousand taka” were substituted, for the words “six month, or with fine which may extend to one thousand taka” by section 3 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"90 The explanation was added by section 3 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"91 Section 294A was inserted by section 10 of the Indian Penal Code (Amendment) Act, 1870 (Act No. XXVII of 1870)",
"92 Section 294B was added by t section 3 of he Pakistan Penal Code (Amendment) Act, 1965 (Act No. XX of 1965)",
"93 Sections 295A was inserted by section 2 of the Criminal Law (Amendment) Act, 1927 (Act No. XXV of 1927)",
"94 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"95 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"96 Section 304A was inserted by section 12 of the Indian Penal Code (Amendment) Act, 1870 (Act No. XXVII of 1870)",
"97 The word “five” was substituted, for the word “two” by section 4 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"98 Section 304B. was inserted by section 5 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"99 The words “three years” were substituted, for the words “seven years” by section 2 of the Penal Code (Second Amendment) Ordinance, 1985 (Ordinance No. XLVIII of 1985)",
"100 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"101 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"102 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"103 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"104 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"105 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"106 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"107 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"108 Section 326A. was inserted by section 2 of the Penal Code (Second Amendment) Ordinance, 1984 (Ordinance No. LXIX of 1984)",
"109 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"110 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"111 The words “five thousand taka” were substituted, for the words “one thousand taka” by section 6 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"112 Section 338A was inserted by section 7 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"113 The words “two years” were substituted, for the words “five years” by section 3 of the Penal Code (second Amendment) Ordinance, 1985 (Ordinance No. XLVIII of 1985)",
"114 The words “three years” were substituted, for the words “two years” by section 8 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982)",
"115 Section 364A was inserted by section 2 of the Criminal Law (Amendment) Act, 1958 (Act No. XXXIV of 1958)",
"116 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"117 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"118 Sections 366A and 366B were inserted by section 2 of the Indian Penal Code (Amendment) Act, 1923 (Act No. XX of 1923)",
"119 Second paragraph of section 366B was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"120 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"121 The words, comma and figure “ratified by Pakistan on the second June, 1951” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"122 The words, comma and figure “ratified by Pakistan on the second June, 1951” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"123 The word “imprisonment” was substituted, for the word “transportation” by section 19 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"124 The words “fear to give donation or subscription of any kind or to deliver” were substituted, for the words “fear to deliver” by section 2 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991)",
"125 The words “fourteen years and shall not be less than five years” were substituted, for the words “two years” by section 3 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991)",
"126 The words “for life and shall not be less than seven years” were substituted, for the words “of either description for a term which may extend to seven years” by section 4 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991)",
"127 The words “imprisonment for life” were substituted, for the words “transportation for life” by section 20 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"128 The words “imprisonment for life” were substituted, for the words “transportation for life” by section 20 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"129 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"130 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"131 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"132 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"133 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"134 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"135 The word “Chittagong” was substituted, for the word “Lahore” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"136 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"137 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"138 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"139 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"140 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"141 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"142 The word “imprisonment” was substituted, for the word “transportation” by section 21of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"143 The word “imprisonment” was substituted, for the word “transportation” by the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"144 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"145 The word “imprisonment” was substituted, for the word “transportation” by the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)section 21 .",
"146 The word “imprisonment” was substituted, for the word “transportation” by the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)section 21.",
"147 Section 477A was inserted by section 4 of the Criminal Law (Amendment) Act, 1895 (Act No. III of 1895).",
"148 Section 489A to 489D were inserted by section 2 of the Currency-Notes Forgery Act, 1899 (Act No. XII of 1899).",
"149 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"150 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"151 The word “imprisonment” was substituted, for the word “transportation” by section 21 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"152 Section 489E was inserted by section 2 of the Indian Penal Code (Amendment) Act, 1943 (Act No. VI of 1943).",
"153 The comma and words “, PREJUDICIAL ACT AND ANNOYANCE” were substituted, for the words “AND ANNOYANCE” by section 6 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991).",
"154 The semi-colon and word “; or” were substituted, for the comma “,” at the end of clause (c) and thereafter new clause (d) was inserted by section 7 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991).",
"155 The words “seven years” were substituted, for the words “two years” by section 7 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991).",
"156 Section 505A was inserted by section 8 of the Penal Code (Amendment) Act, 1991 (Act No. XV of 1991).",
"157 The words “imprisonment for life” were substituted, for the word “transportation” by section 22 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"158 The word “imprisonment for life” were substituted, for the words “transportation” by section 23 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"159 The words and comma “imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence” were substituted, for the words and comma “transportation or imprisonment of any description provided for the offence, for a term of transportation or imprisonment which may extend to one-half of the longest term provided for that offence” by section 23 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)."
],
"name": "The Penal Code, 1860",
"num_of_sections": 583,
"published_date": "6th October, 1860",
"related_act": [
256,
416,
417,
454,
518,
75,
651,
430,
310,
248,
702,
415
],
"repelled": false,
"sections": [
{
"act_id": 11,
"details": "WHEREAS it is expedient to provide a general Penal Code for Bangladesh; It is enacted as follows:-",
"name": "Preamble",
"related_acts": "",
"section_id": 1
},
{
"act_id": 11,
"details": "1. This Act shall be called the 2Penal Code, and shall take effect throughout Bangladesh.",
"name": "Title and extent of operation of the Code",
"related_acts": "",
"section_id": 2
},
{
"act_id": 11,
"details": "2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Bangladesh.",
"name": "Punishment of offences committed within Bangladesh",
"related_acts": "",
"section_id": 3
},
{
"act_id": 11,
"details": "3. Any person liable, by any Bangladesh Law, to be tried for an offence committed beyond Bangladesh shall be dealt with according to the provisions of this Code for any act committed beyond Bangladesh in the same manner as if such act had been committed within Bangladesh.",
"name": "Punishment of offences committed beyond, but which by law may be tried within Bangladesh",
"related_acts": "",
"section_id": 4
},
{
"act_id": 11,
"details": "4. The provisions of this Code apply also to any offence committed by- (1) any citizen of Bangladesh in any place without and beyond Bangladesh; (2) Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (4) any person on any ship or aircraft registered in Bangladesh wherever it may be. Explanation.-In this section the word \"offence\" includes every act committed outside Bangladesh which, if committed in Bangladesh, would be punishable under this Code. Illustrations (a)\tA, a Bangladesh subject, commits a murder in Uganda. He can be tried and convicted of murder in any place in Bangladesh in which he may be found. (b)\tB, a European British subject, commits a murder in 3Rangpur. He can be tried and convicted of murder in any place in Bangladesh in which he may be found. (c)\tC, a foreigner who is in the service of the Bangladesh Government, commits a murder in 4Khulna. He can be tried and convicted of murder at any place in Bangladesh in which he may be found. (d)\tD, a British subject living in 5Khulna, instigates E to commit a murder in 6Chittagong. D is guilty of abetting murder.",
"name": "Extension of Code to extra-territorial offences",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 11,
"details": "5. Nothing in this Act is intended to repeal, vary, suspend, or affect 7* * * any of the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the 8Republic, or of any special or local law.",
"name": "Certain laws not to be affected by this Act",
"related_acts": "",
"section_id": 6
},
{
"act_id": 11,
"details": "6. Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled \"General Exceptions,\" though those exceptions are not repeated in such definition, penal provision or illustration. Illustrations (a) The sections in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b)\tA, a police officer, without warrant, apprehends Z who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that \"nothing is an offence which is done by a person who is bound by law to do it\".",
"name": "Definitions in the Code to be understood subject to exceptions",
"related_acts": "",
"section_id": 7
},
{
"act_id": 11,
"details": "7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation.",
"name": "Sense of expression once explained",
"related_acts": "",
"section_id": 8
},
{
"act_id": 11,
"details": "8. The pronoun \"he\" and its derivatives are used of any person, whether male or female.",
"name": "Gender",
"related_acts": "",
"section_id": 9
},
{
"act_id": 11,
"details": "9. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.",
"name": "Number",
"related_acts": "",
"section_id": 10
},
{
"act_id": 11,
"details": "10. The word “man” denotes a male human being of any age: the word “woman” denotes a female human being of any age.",
"name": "“Man”\t\t“Woman”",
"related_acts": "",
"section_id": 11
},
{
"act_id": 11,
"details": "11. The word “person” includes any Company or Association, or body of persons, whether incorporated or not.",
"name": "“Person”",
"related_acts": "",
"section_id": 12
},
{
"act_id": 11,
"details": "12. The word “public” includes any class of the public or any community.",
"name": "“Public”",
"related_acts": "",
"section_id": 13
},
{
"act_id": 11,
"details": "13. Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961.",
"name": "Omitted",
"related_acts": "",
"section_id": 14
},
{
"act_id": 11,
"details": "14. The words 9Servant of the Republic denote all officers or servant, continued, appointed or employed in Bangladesh by or under the authority of the Government.",
"name": "“Servant of the State”",
"related_acts": "",
"section_id": 15
},
{
"act_id": 11,
"details": "15. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 16
},
{
"act_id": 11,
"details": "16. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 17
},
{
"act_id": 11,
"details": "17. The word “Government” denotes the person or persons authorized by law to administer executive Government in Bangladesh, or in any part thereof.",
"name": "“Government”",
"related_acts": "",
"section_id": 18
},
{
"act_id": 11,
"details": "18. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 19
},
{
"act_id": 11,
"details": "19. The word “Judge” denotes not only every person who is officially designed as a Judge, but also every person,- who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is \tempowered by law to give such a judgment. Illustrations (a)\tA Collector exercising jurisdiction in a suit under Act X of 1859, is a Judge. (b)\tA Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment with or without appeal, is a Judge. (c)\tRepealed by the Federal Laws (Revision and Declaration) Act 1951 (Act XXXVI of 1951). (d)\t A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.",
"name": "“Judge”",
"related_acts": "",
"section_id": 20
},
{
"act_id": 11,
"details": "20. The words \"Court of Justice\" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.",
"name": "“Court of justice”",
"related_acts": "",
"section_id": 21
},
{
"act_id": 11,
"details": "21. The words \"public servant\" denote a person falling under any of the descriptions hereinafter following, namely:- First.-Omitted by section 2 of the Penal Code (Amendment) Ordinance, 1982 (Ordinance No. X of 1982); Second. Every Commissioned Officer in the Military, Naval or Air Forces of Bangladesh 10* * *; 11Third.- Every Judge including any person empowered by any law to perform, whether by himself or as a member of any body of persons, any adjudicatory function; Fourth.- very officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court; and every person specially authorized by a Court of Justice to perform any of such duties; Fifth.-Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant; Sixth.-Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh.-Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth.-Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; Ninth.-Every officer whose duty it is, such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interest of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government 12* * *; Tenth.-Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; Eleventh.-Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election. Illustration A Municipal Commissioner is a public servant. 13Twelfth.-Every person- (a) in the service or pay of the Government or remunerated by the Government by fees or commissions for the performance of any public duty; (b) in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or share capital is held by, or vested in, the Government. Explanation 1.-Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. Explanation 2.-Wherever the words \"public servant\" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. Explanation 3.-The word \"election\" denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.",
"name": "“Public servant”",
"related_acts": "",
"section_id": 22
},
{
"act_id": 11,
"details": "22. The words \"moveable property\" are intended to include corporeal property of every description, except land and thing attached to the earth or permanently fastened to any thing which is attached to the earth.",
"name": "“Moveable property”",
"related_acts": "",
"section_id": 23
},
{
"act_id": 11,
"details": "23. \"Wrongful gain\" is gain by unlawful means of property to which the person gaining is not legally entitled.",
"name": "“Wrongful gain”",
"related_acts": "",
"section_id": 24
},
{
"act_id": 11,
"details": "\"Wrongful loss\" is the loss by unlawful means of property to which the person losing it is legally entitled.",
"name": "“Wrongful loss”",
"related_acts": "",
"section_id": 25
},
{
"act_id": 11,
"details": "A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to loss wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.",
"name": "Losing wrongfully.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 11,
"details": "24. Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing \"dishonestly\".",
"name": "“Dishonestly”",
"related_acts": "",
"section_id": 27
},
{
"act_id": 11,
"details": "25. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.",
"name": "“Fraudulently\"",
"related_acts": "",
"section_id": 28
},
{
"act_id": 11,
"details": "26. A person is said to have \"reason to believe\" a thing if he has sufficient cause to believe that thing but not otherwise.",
"name": "“Reason to believe”",
"related_acts": "",
"section_id": 29
},
{
"act_id": 11,
"details": "27. When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code. Explanation.-A person employed temporarily or on a particular occasion in the capacity of a clerk, or servant, is a clerk or servant within the meaning of this section.",
"name": "Property in possession of wife, clerk or servant.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 11,
"details": "28. A person is said to \"counterfeit\" who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced. Explanation 1.-It is not essential to counterfeiting that the imitation should be exact. Explanation 2.-When a person causes one thing to resemble another thing, and resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practice deception or knew it to be likely that deception would thereby be practiced.",
"name": "“Counterfeit”",
"related_acts": "",
"section_id": 31
},
{
"act_id": 11,
"details": "29. The word \"document\" denotes any matter expressed or described upon any substance by means of letters, figures, marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1.-It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court of Justice, or not. Illustrations A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A Power-of-Attorney is a document. A map or plan which is intended to be used or which may be used as evidence, is a document. A writing containing directions or instructions is a document. Explanation 2.-Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words \"pay to the holder\" or words to that effect had been written over the signature.",
"name": "“Document”",
"related_acts": "",
"section_id": 32
},
{
"act_id": 11,
"details": "30. The words \"valuable security\" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a \"valuable security\".",
"name": "“Valuable security”",
"related_acts": "",
"section_id": 33
},
{
"act_id": 11,
"details": "31. The words \"a will\" denote any testamentary document.",
"name": "“A will”",
"related_acts": "",
"section_id": 34
},
{
"act_id": 11,
"details": "32. In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.",
"name": "Words referring to acts include illegal omissions",
"related_acts": "",
"section_id": 35
},
{
"act_id": 11,
"details": "33. The word \"act\" denotes as well a series of acts as a single act: the word \"omission” denotes as well a series of omissions as a single omission.",
"name": "“Act”\t\t“Omission”",
"related_acts": "",
"section_id": 36
},
{
"act_id": 11,
"details": "34. When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.",
"name": "Acts done by several persons in furtherance of common intention",
"related_acts": "",
"section_id": 37
},
{
"act_id": 11,
"details": "35. Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.",
"name": "When such an act is criminal by reason of its being done with a criminal knowledge or intention",
"related_acts": "",
"section_id": 38
},
{
"act_id": 11,
"details": "36. Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration A intentionally causes Z's death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.",
"name": "Effect caused partly by act and partly by omission",
"related_acts": "",
"section_id": 39
},
{
"act_id": 11,
"details": "37. When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations (a)\tA and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b)\tA and B are joint jailors, and as such, have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c)\tA, a jailor, has the charge of Z, a prisoner. A intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B, A is guilty only of an attempt to commit murder.",
"name": "Co-operation by doing one of several Acts constituting an offence",
"related_acts": "",
"section_id": 40
},
{
"act_id": 11,
"details": "38. Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.",
"name": "Persons concerned in criminal act may be guilty of different offences",
"related_acts": "",
"section_id": 41
},
{
"act_id": 11,
"details": "39. A person is said to cause an effect \"voluntarily\" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating robbery and thus causes the death of a person. Here, A may not have intended to cause death, and may even be sorry that death has been caused by his act: yet, if he knew that he was likely to cause death, he has caused death voluntarily.",
"name": "“Voluntarily”",
"related_acts": "",
"section_id": 42
},
{
"act_id": 11,
"details": "40. Except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word \"offence\" denotes a thing made punishable by this Code. In Chapter IV, Chapter VA and in the following sections, namely, sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word \"offence\" denotes a thing punishable under this Code, or under any special or local law as hereinafter defined. And in sections 141, 176, 177, 201, 202, 212, 216 and 441 the word \"offence\" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.",
"name": "“Offence”",
"related_acts": "",
"section_id": 43
},
{
"act_id": 11,
"details": "41. A \"special law\" is a law applicable to a particular subject.",
"name": "“Special law”",
"related_acts": "",
"section_id": 44
},
{
"act_id": 11,
"details": "42. A \"local law\" is a law applicable only to a particular part of the territories comprised in Bangladesh.",
"name": "“Local law”",
"related_acts": "",
"section_id": 45
},
{
"act_id": 11,
"details": "43. The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be \"legally bound to do\" whatever it is illegal in him to omit.",
"name": "“Illegal”\t\t“Legally bound to do”",
"related_acts": "",
"section_id": 46
},
{
"act_id": 11,
"details": "44. The word \"injury\" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.",
"name": "“Injury”",
"related_acts": "",
"section_id": 47
},
{
"act_id": 11,
"details": "45. The word \"life\" denotes the life of a human being, unless the contrary appears from the context.",
"name": "“Life”",
"related_acts": "",
"section_id": 48
},
{
"act_id": 11,
"details": "46. The word \"death\" denotes the death of a human being, unless the contrary appears from the context.",
"name": "“Death”",
"related_acts": "",
"section_id": 49
},
{
"act_id": 11,
"details": "47. The word \"animal\" denotes any living creature, other than a human being.",
"name": "“Animal”",
"related_acts": "",
"section_id": 50
},
{
"act_id": 11,
"details": "48. The word “vessel” denotes anything made for the conveyance by water of human beings or of property.",
"name": "“Vessel”",
"related_acts": "",
"section_id": 51
},
{
"act_id": 11,
"details": "49. Wherever the word \"year\" or the word \"month\" is used, it is to be understood that the year or the month is to be reckoned according to the British calendar.",
"name": "“Year”\t“Month”",
"related_acts": "",
"section_id": 52
},
{
"act_id": 11,
"details": "50. The word \"section\" denotes one of those portions of a chapter of this Code which are distinguished by prefixed numeral figures.",
"name": "“Section”",
"related_acts": "",
"section_id": 53
},
{
"act_id": 11,
"details": "51. The word \"oath\" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.",
"name": "“Oath”",
"related_acts": "",
"section_id": 54
},
{
"act_id": 11,
"details": "52. Nothing is said to be done or believed in \"good faith\" which is done or believed without due care and attention.",
"name": "“Good faith”",
"related_acts": "",
"section_id": 55
},
{
"act_id": 11,
"details": "1452A. Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word \"harbour\" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.",
"name": "“Harbour”",
"related_acts": "",
"section_id": 56
},
{
"act_id": 11,
"details": "53. The punishments to which offenders are liable under the provisions of this Code are,- Firstly,- Death; Secondly,- 15Imprisonment for life; Thirdly,-Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act 1949 (Act No. II of 1950. Fourthly,-Imprisonment, which is of two descriptions, namely:- (1) Rigorous, that is, with hard labour; (2) Simple; Fifthly,- Forfeiture of property; Sixthly,- Fine. 16Explanation.-In the punishment of imprisonment for life, the imprisonment shall be rigorous.",
"name": "Punishments",
"related_acts": "",
"section_id": 57
},
{
"act_id": 11,
"details": "1753A.(1) Subject to the provisions of sub-section (2), any reference to “transportation for life” in any other law for the time being in force shall be construed as a reference to “imprisonment for life”. (2) Any reference to transportation for a term or to transportation for a shorter term (by whatever named called) in any other law for the time being in force shall be deemed to have been omitted. (3) Any reference to “transportation” in any other law for the time being in force shall (a) if the expression means transportation for life, be construed as a reference to imprisonment for life; (b)\tif the expression means transportation for any shorter term, be deemed to have been omitted.",
"name": "Construction of reference to transportation",
"related_acts": "",
"section_id": 58
},
{
"act_id": 11,
"details": "54. In every case in which sentence of death shall have been passed, 18the Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.",
"name": "Commutation of sentence of death",
"related_acts": "",
"section_id": 59
},
{
"act_id": 11,
"details": "55. In every case in which sentence of 20imprisonment for life shall have been passed, 21the Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding 22twenty years.",
"name": "Commutation of sentence of imprisonment for life",
"related_acts": "",
"section_id": 60
},
{
"act_id": 11,
"details": "2355A. Nothing in section fifty-four or section fifty-five shall derogate from the right of the President to grant pardons, reprieves, respites or remissions of punishment.",
"name": "Saving for President’s prerogative",
"related_acts": "",
"section_id": 61
},
{
"act_id": 11,
"details": "56. Repealed by Schedule of the Criminal Law (Extinction of Discriminatory Privileges Act, 1949 (Act No. II of 1950).",
"name": "Repealed",
"related_acts": "",
"section_id": 62
},
{
"act_id": 11,
"details": "57. In calculating fractions of terms of punishment, 24imprisonment for life shall be reckoned as equivalent to 25rigorous imprisonment for thirty years.",
"name": "Fractions of terms of punishment",
"related_acts": "",
"section_id": 63
},
{
"act_id": 11,
"details": "58. Omitted by section 6 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 64
},
{
"act_id": 11,
"details": "59. Omitted by section 6 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 65
},
{
"act_id": 11,
"details": "60. In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.",
"name": "Sentence may be (in certain cases of imprisonment, wholly or partly rigorous or simple",
"related_acts": "",
"section_id": 66
},
{
"act_id": 11,
"details": "61. Repealed by section 4 of the Indian Penal Code (Amendment) Act, 1921 (Act No. XVI of 1921).",
"name": "Repealed",
"related_acts": "",
"section_id": 67
},
{
"act_id": 11,
"details": "62. Repealed by section 4 of the Indian Penal Code (Amendment) Act, 1921 (Act No. XVI of 1921).",
"name": "Repealed",
"related_acts": "",
"section_id": 68
},
{
"act_id": 11,
"details": "63. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.",
"name": "Amount of fine",
"related_acts": "",
"section_id": 69
},
{
"act_id": 11,
"details": "64. In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.",
"name": "Sentence of imprisonment for non-payment of fine",
"related_acts": "",
"section_id": 70
},
{
"act_id": 11,
"details": "65. The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.",
"name": "Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable",
"related_acts": "",
"section_id": 71
},
{
"act_id": 11,
"details": "66. The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.",
"name": "Description of imprisonment for non-payment of fine",
"related_acts": "",
"section_id": 72
},
{
"act_id": 11,
"details": "67. If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty taka, and for any term not exceeding four months when the amount shall not exceed one hundred taka, and for any term not exceeding six months in any other case.",
"name": "Imprisonment for non-payment of fine, when offence punishable with fine only",
"related_acts": "",
"section_id": 73
},
{
"act_id": 11,
"details": "68. The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.",
"name": "Imprisonment to terminate on payment of fine",
"related_acts": "",
"section_id": 74
},
{
"act_id": 11,
"details": "69. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration A is sentenced to a fine of one hundred taka and four months imprisonment in default of payment. Here, if seventy-five taka of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five taka be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty taka of the fine be paid or levied before the expiration of the two months of the imprisonments, A will be discharged as soon as the two months are completed. If fifty taka be paid or levied at the time the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.",
"name": "Termination of imprisonment on payment of propor-tional part of fine",
"related_acts": "",
"section_id": 75
},
{
"act_id": 11,
"details": "70. The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability of any property which would, after his death, be legally liable for his debts.",
"name": "Fine leviable within six years, or during imprisonment\tDeath not to discharge property from liability",
"related_acts": "",
"section_id": 76
},
{
"act_id": 11,
"details": "71. Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. Illustrations (a)\tA gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.",
"name": "Limit of punishment of offence made up of several offences",
"related_acts": "",
"section_id": 77
},
{
"act_id": 11,
"details": "72. In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.",
"name": "Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which",
"related_acts": "",
"section_id": 78
},
{
"act_id": 11,
"details": "73. Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say a time not exceeding one month if the term of imprison-ment shall not exceed six months: a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year: a time not exceeding three months if the term of imprisonment shall exceed one year.",
"name": "Solitary confinement",
"related_acts": "",
"section_id": 79
},
{
"act_id": 11,
"details": "74. In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.",
"name": "Limit of solitary confinement",
"related_acts": "",
"section_id": 80
},
{
"act_id": 11,
"details": "75. Whoever, having been convicted, (a) \tby a Court in Bangladesh of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards; 26* * * (b) \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 27imprisonment for life, or to imprisonment of either description for a term which may extend to ten years.",
"name": "Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction",
"related_acts": "430",
"section_id": 81
},
{
"act_id": 11,
"details": "76. Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations (a)\tA, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b)\tA, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.",
"name": "Act done by a person bound, or by mistake of fact believing himself bound, by law",
"related_acts": "",
"section_id": 82
},
{
"act_id": 11,
"details": "77. Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.",
"name": "Act of judge when acting judicially",
"related_acts": "",
"section_id": 83
},
{
"act_id": 11,
"details": "78. Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.",
"name": "Act done pursuant to the judgment or order of Court",
"related_acts": "",
"section_id": 84
},
{
"act_id": 11,
"details": "79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment, exerted in good faith of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.",
"name": "Act done by a person justified, or by mistake of fact believing himself justified, by law",
"related_acts": "",
"section_id": 85
},
{
"act_id": 11,
"details": "80. Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here if there was no want of proper caution on the part of A, his act is excusable and not an offence.",
"name": "Accident in doing a lawful act",
"related_acts": "",
"section_id": 86
},
{
"act_id": 11,
"details": "81. Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation.-It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations (a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C. (b) A, is in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with intention in good faith of saving human life or property. Here if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act, A is not guilty of the offence.",
"name": "Act likely to cause harm, but done without criminal intent and to prevent other harm",
"related_acts": "",
"section_id": 87
},
{
"act_id": 11,
"details": "82. Nothing is an offence which is done by a child under 28nine years of age.",
"name": "Act of a child under nine years of age",
"related_acts": "",
"section_id": 88
},
{
"act_id": 11,
"details": "83. Nothing is an offence which is done by a child above 29nine years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.",
"name": "Act of a child above nine and under twelve of immature understanding",
"related_acts": "",
"section_id": 89
},
{
"act_id": 11,
"details": "84. Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.",
"name": "Act of a person of unsound mind",
"related_acts": "",
"section_id": 90
},
{
"act_id": 11,
"details": "85. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.",
"name": "Act of a person incapable of judgment by reason of intoxication caused against his will",
"related_acts": "",
"section_id": 91
},
{
"act_id": 11,
"details": "86. In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.",
"name": "Offence requiring a particular intent or knowledge committed by one who is intoxicated",
"related_acts": "",
"section_id": 92
},
{
"act_id": 11,
"details": "87. Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death, or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.",
"name": "87.\tAct not intended and not known to be likely to cause death or grievous hurt, done by consent",
"related_acts": "",
"section_id": 93
},
{
"act_id": 11,
"details": "88. Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z's death, and intending, in good faith Z's benefit, performs that operation on Z, with Z's consent. A has committed no offence.",
"name": "88.\tAct not intended to cause death, done by consent in good faith for person’s benefit",
"related_acts": "",
"section_id": 94
},
{
"act_id": 11,
"details": "89. Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: Provided- Firstly.-That this exception shall not extend to the intentional causing of death, or to the attempting to cause death; Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt; or the curing of any grievous disease or infirmity; Thirdly.-That this exception shall not extent to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; Fourthly.-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustration A, in good faith, for his child's benefit without his child's consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child's death, but not intending to cause the child's death. A is within the exception, inasmuch as his object was the cure of the child.",
"name": "Act done in good faith for benefit of child or insane person, by or by consent of guardian",
"related_acts": "",
"section_id": 95
},
{
"act_id": 11,
"details": "90. A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or",
"name": "Consent known to be given under fear or misconception",
"related_acts": "",
"section_id": 96
},
{
"act_id": 11,
"details": "If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or",
"name": "Consent of insane person",
"related_acts": "",
"section_id": 97
},
{
"act_id": 11,
"details": "Unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.",
"name": "Consent of child",
"related_acts": "",
"section_id": 98
},
{
"act_id": 11,
"details": "91. The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good faith for the purpose of saving the life of woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.",
"name": "Exclusion of acts which are offences independently of harm caused",
"related_acts": "",
"section_id": 99
},
{
"act_id": 11,
"details": "92. Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided- Firstly.-That this exception shall not extend to the intentional causing of death, or the attempting to cause death; Secondly.-That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; Thirdly.-That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; Fourthly.-That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. Illustrations (a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A not intending Z's death but in good faith for Z's benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z's benefit. A's ball gives Z a mortal wound. A has committed no offence. (c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child's guardian. A performs the operation inspite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's benefit. Here even if the child is killed by the fall, A has committed no offence. Explanation.-Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.",
"name": "Act done in good faith for benefit of a person without consent",
"related_acts": "",
"section_id": 100
},
{
"act_id": 11,
"details": "93. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient's death.",
"name": "Communication made in good faith",
"related_acts": "",
"section_id": 101
},
{
"act_id": 11,
"details": "94. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.-A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.-A person seized by a gang of dacoits, and forced by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.",
"name": "Act to which a person is compelled by threats",
"related_acts": "",
"section_id": 102
},
{
"act_id": 11,
"details": "95. Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm, is so slight that no person of ordinary sense and temper would complain of such harm.",
"name": "Act causing slight harm",
"related_acts": "",
"section_id": 103
},
{
"act_id": 11,
"details": "96. Nothing is an offence which is done in the exercise of the right of private defence.",
"name": "Things done in private defence",
"related_acts": "",
"section_id": 104
},
{
"act_id": 11,
"details": "97. Every person has a right, subject to the restrictions contained in section 99, to defend Firstly.-His own body, and the body of any other person against any offence affecting the human body; Secondly.-The property, whether moveable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.",
"name": "Right of private defence of the body and of property",
"related_acts": "",
"section_id": 105
},
{
"act_id": 11,
"details": "98. When an act, which would otherwise be a certain offence is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations (a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.",
"name": "Right of private defence against the act of a person of unsound mind, etc.",
"related_acts": "",
"section_id": 106
},
{
"act_id": 11,
"details": "99. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.",
"name": "Acts against which there is no right private defence",
"related_acts": "",
"section_id": 107
},
{
"act_id": 11,
"details": "The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such unless he knows, or has reason to believe, that the person doing the act is such public servant. Explanation 2.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.",
"name": "Extent to which the right may be exercised",
"related_acts": "",
"section_id": 108
},
{
"act_id": 11,
"details": "100. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:- Firstly.-Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.-Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.-An assault with the intention of committing rape; Fourthly.-An assault with the intention of gratifying unnatural lust; Fifthly.-An assault with the intention of kidnapping or abducting; Sixthly.-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.",
"name": "When the right of private defence of the body extends to causing death",
"related_acts": "",
"section_id": 109
},
{
"act_id": 11,
"details": "101. If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99 to the voluntary causing to the assailant of any harm other than death.",
"name": "When such right extends to causing any harm other than death",
"related_acts": "",
"section_id": 110
},
{
"act_id": 11,
"details": "102. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such, apprehension of danger to the body continues.",
"name": "Commencement and continuance of the right of private defence of the body",
"related_acts": "",
"section_id": 111
},
{
"act_id": 11,
"details": "103. The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:- Firstly.-Robbery; Secondly.-House-breaking by night; Thirdly.-Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property; Fourthly.-Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised;",
"name": "When the right of private defence of property extends to causing death",
"related_acts": "",
"section_id": 112
},
{
"act_id": 11,
"details": "104. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.",
"name": "When such right extends to causing any harm other than death",
"related_acts": "",
"section_id": 113
},
{
"act_id": 11,
"details": "105. The right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.",
"name": "Commencement and continuance of the right of private defence of property",
"related_acts": "",
"section_id": 114
},
{
"act_id": 11,
"details": "106. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.",
"name": "Right of private defence against deadly assault when there is risk of harm to innocent person",
"related_acts": "",
"section_id": 115
},
{
"act_id": 11,
"details": "107. A person abets the doing of a thing, who Firstly.-Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person who, by wilful misrepresenta-tion, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.",
"name": "Abetment of a thing",
"related_acts": "",
"section_id": 116
},
{
"act_id": 11,
"details": "30108A. A person abets an offence within the meaning of this Code who, in Bangladesh, abets the commission of any act without and beyond Bangladesh which would constitute an offence committed in Bangladesh.\tAbetment in Bangladesh of offences outside it Illustration A, in Bangladesh, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.",
"name": "Abetment in Bangladesh, of offences outside it",
"related_acts": "",
"section_id": 117
},
{
"act_id": 11,
"details": "108. A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.-The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.-To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3.-It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Illustrations (a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby, causes Z's death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence. (d) A intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession, in good faith, believing it to be A's property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4.-The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. Explanation 5.-It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.",
"name": "Abettor",
"related_acts": "",
"section_id": 118
},
{
"act_id": 11,
"details": "109. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.\tPunishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment Explanation.-An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.",
"name": "Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.",
"related_acts": "",
"section_id": 119
},
{
"act_id": 11,
"details": "110. Punishment of abetment if person abetted does act with different intention from that of abettor 110. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.",
"name": "Punishment of abetment if person abetted does act with different intention from that of abettor",
"related_acts": "",
"section_id": 120
},
{
"act_id": 11,
"details": "111. Liability of abettor when one act abetted and different act done 111. When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.",
"name": "Liability of abettor when one act abetted and different act done",
"related_acts": "",
"section_id": 121
},
{
"act_id": 11,
"details": "112. If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. Illustration A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.",
"name": "Abettor when liable to cumulative punishment for act abetted and for act done",
"related_acts": "",
"section_id": 122
},
{
"act_id": 11,
"details": "113. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.",
"name": "Liability of abettor for an effect caused by the act abetted different from that intended by the abettor",
"related_acts": "",
"section_id": 123
},
{
"act_id": 11,
"details": "114. Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.",
"name": "Abettor present when offence is committed",
"related_acts": "",
"section_id": 124
},
{
"act_id": 11,
"details": "115. Whoever abets the commission of an offence punishable with death or 31imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or 32imprisonment for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and, if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.",
"name": "Abetment of offence punishable with death or imprisonment for life-\t\tif offence be not committed;\t\tif act causing harm be done in consequence",
"related_acts": "",
"section_id": 125
},
{
"act_id": 11,
"details": "116. Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.",
"name": "Abetment of offence punishable with imprisonment-\tif offence be not committed;\t if abettor or person abetted be a public servant whose duty it is to prevent offence",
"related_acts": "",
"section_id": 126
},
{
"act_id": 11,
"details": "117. Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.",
"name": "Abetting commission of offence by the public, or by more than ten persons",
"related_acts": "",
"section_id": 127
},
{
"act_id": 11,
"details": "118. Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 33imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description for a term which may extend to three years; and in either case shall also be liable to fine. Illustration A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.",
"name": "Concealing design to commit offence punishable with death or imprisonment for life-\t\tif offence be committed;\t\tif offence be not committed",
"related_acts": "",
"section_id": 128
},
{
"act_id": 11,
"details": "119. Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,",
"name": "Public servant concealing design to commit offence which it is his duty to prevent-",
"related_acts": "",
"section_id": 129
},
{
"act_id": 11,
"details": "shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;",
"name": "if offence be committed;",
"related_acts": "",
"section_id": 130
},
{
"act_id": 11,
"details": "or, if the offence be punishable with death or 34imprisonment for life, with imprisonment of either description for a term which may extend to ten years;",
"name": "if offence be punishable with death, etc;",
"related_acts": "",
"section_id": 131
},
{
"act_id": 11,
"details": "or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section.",
"name": "if offence be not committed",
"related_acts": "",
"section_id": 132
},
{
"act_id": 11,
"details": "120. Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,",
"name": "Concealing design to commit offence punishable with imprisonment",
"related_acts": "",
"section_id": 133
},
{
"act_id": 11,
"details": "shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.",
"name": "if offence be committed;\t\tif offence be not committed",
"related_acts": "",
"section_id": 134
},
{
"act_id": 11,
"details": "120B. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 36imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.",
"name": "Punishment of criminal conspiracy",
"related_acts": "",
"section_id": 135
},
{
"act_id": 11,
"details": "120A. When two or more persons agree to do, or cause to be done,- (1) \tan illegal act, or (2) \tan act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.-It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.",
"name": "Definition of criminal conspiracy.",
"related_acts": "",
"section_id": 136
},
{
"act_id": 11,
"details": "121. Whoever wages war against Bangladesh, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 37imprisonment for life, and shall also be liable to fine.Illustration A joins an insurrection against Bangladesh. A has committed the offence defined in this section.",
"name": "Waging or attempting to wage war, or abeting waging of war, against Bangladesh",
"related_acts": "",
"section_id": 137
},
{
"act_id": 11,
"details": "38121A. Whoever within or without Bangladesh conspires to commit any of the offences punishable by section 121, or to deprive Bangladesh of the sovereignty of her territories or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Government, shall be punished with 39imprisonment for life or with imprisonment of either description which may extend to ten years, and shall also be liable to fine. Explanation.-To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance.",
"name": "Conspiracy to commit offences punishable by section 121.",
"related_acts": "",
"section_id": 138
},
{
"act_id": 11,
"details": "122. Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against Bangladesh, shall be punished with 40imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.",
"name": "Collecting arms, etc., with intention of waging war against Bangladesh",
"related_acts": "",
"section_id": 139
},
{
"act_id": 11,
"details": "123. Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against Bangladesh, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Concealing with intent to facilitate design to wage war",
"related_acts": "",
"section_id": 140
},
{
"act_id": 11,
"details": "41123A. (I) Whoever, with or without Bangladesh, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety of Bangladesh, or to endanger the sovereignty of Bangladesh in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation, condemn the creation of Bangladesh 42in pursuance of the Proclamation of Independence on the twenty-sixth day of March, 1971, or advocate the curtailment or abolition of the sovereignty of Bangladesh in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighboring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine. (2) Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this section, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in sub-section (2) may also make an order under that sub-section.",
"name": "Condemnation of the creation of the State, and advocacy of abolition of its sovereignty",
"related_acts": "",
"section_id": 141
},
{
"act_id": 11,
"details": "124. Whoever, with the intention of inducing or compelling the President of Bangladesh, or 43the Government, to exercise or refrain from exercising in any manner any of the lawful powers of the President, or 44the Government, assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, the President, 45* * *, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Assaulting President, The Government, etc., with intent to compel or restrain the exercise of any lawful power",
"related_acts": "",
"section_id": 142
},
{
"act_id": 11,
"details": "46124A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with 47imprisonment for life or any shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Explanation 1.-The expression \"disaffection\" includes disloyalty and all feelings of enmity. Explanation 2.-Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3.-Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.",
"name": "Sedition",
"related_acts": "",
"section_id": 143
},
{
"act_id": 11,
"details": "125. Whoever wages war against the Government of any Asiatic power in alliance or at peace with Bangladesh or attempts to wage such war, or abets the waging of such war, shall be punished with 48imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.",
"name": "Waging war against any Asiatic Power in alliance with Bangladesh",
"related_acts": "",
"section_id": 144
},
{
"act_id": 11,
"details": "126. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with Bangladesh, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.",
"name": "Committing depredation on territories of Power at peace with Bangladesh",
"related_acts": "",
"section_id": 145
},
{
"act_id": 11,
"details": "127. Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.",
"name": "Receiving property taken by war or depredation mentioned in sections 125 and 126",
"related_acts": "",
"section_id": 146
},
{
"act_id": 11,
"details": "128. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 49imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Public servant voluntarily allowing prisoner of State or war to escape",
"related_acts": "",
"section_id": 147
},
{
"act_id": 11,
"details": "129. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.",
"name": "Public servant negligently suffering such prisoner to escape",
"related_acts": "",
"section_id": 148
},
{
"act_id": 11,
"details": "130. Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 50imprisonment for life, or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.-A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in Bangladesh, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.",
"name": "Aiding escape of, rescuing or harbouring such prisoner",
"related_acts": "",
"section_id": 149
},
{
"act_id": 11,
"details": "131. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with 51imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-In this section the words \"officer\", “soldier\", \"sailor\" and \"airman\" include any person subject to the 52Army Act, 1952 or the Navy Ordinance, 1961 or the Air Force Act, 1953, as the case may be.",
"name": "Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty",
"related_acts": "248,310,256",
"section_id": 150
},
{
"act_id": 11,
"details": "132. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall, if mutiny be committed in consequence of that abetment, be punished with death or with 53imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Abetment of mutiny, if mutiny is committed in consequence thereof",
"related_acts": "",
"section_id": 151
},
{
"act_id": 11,
"details": "133. Whoever, abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office",
"related_acts": "",
"section_id": 152
},
{
"act_id": 11,
"details": "134. Whoever, abets an assault by an officer, soldier sailor or airman, in the Army, Navy or Air Force of Bangladesh, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.",
"name": "Abetment of such assault, if the assault is committed",
"related_acts": "",
"section_id": 153
},
{
"act_id": 11,
"details": "135. Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Abetment of desertion of soldier, sailor or airman",
"related_acts": "",
"section_id": 154
},
{
"act_id": 11,
"details": "136. Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Exception.-This provision does not extend to the case in which the harbour is given by a wife to her husband.",
"name": "Harbouring deserter",
"related_acts": "",
"section_id": 155
},
{
"act_id": 11,
"details": "137. The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of Bangladesh is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred taka if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.",
"name": "Deserter concealed on board merchant vessel through negligence of master",
"related_acts": "",
"section_id": 156
},
{
"act_id": 11,
"details": "138. Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of Bangladesh, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Abetment of act of insubordination by soldier, sailor or airman",
"related_acts": "",
"section_id": 157
},
{
"act_id": 11,
"details": "138A. Repealed by section 2 and Schedule of the Amending Act, 1934 (Act No. XXXV of 1934).",
"name": "Repealed",
"related_acts": "",
"section_id": 158
},
{
"act_id": 11,
"details": "139. No person subject to the 54* * * Army Act, 1952, the 55Navy Ordinance, 1961, the 56* * * Air Force Act, 1953, is subject to punishment under this Code for any of the offences defined in this Chapter.",
"name": "Persons subject to certain acts",
"related_acts": "248,310,256",
"section_id": 159
},
{
"act_id": 11,
"details": "140. Whoever, not being a soldier, sailor or airman in the Military, Naval or Air service of Bangladesh, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka or with both.",
"name": "Wearing garb or carrying token used by soldier, sailor or airman",
"related_acts": "",
"section_id": 160
},
{
"act_id": 11,
"details": "141. An assembly of five or more persons is designated an \"unlawful assembly,\" if the common object of the persons composing that assembly is First.-To overawe by criminal force, or show of criminal force, Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or Second.-To resist the execution of any law, or of any legal process; or Third.To commit any mischief or criminal trespass, or other offence; or Fourth.-By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.",
"name": "Unlawful assembly",
"related_acts": "",
"section_id": 161
},
{
"act_id": 11,
"details": "142. Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.",
"name": "Being member of unlawful assembly",
"related_acts": "",
"section_id": 162
},
{
"act_id": 11,
"details": "143. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Punishment",
"related_acts": "",
"section_id": 163
},
{
"act_id": 11,
"details": "144. Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Joining unlawful assembly, armed with deadly weapon",
"related_acts": "",
"section_id": 164
},
{
"act_id": 11,
"details": "145. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Joining or continuing in unlawful assembly, knowing it has been commanding to disperse",
"related_acts": "",
"section_id": 165
},
{
"act_id": 11,
"details": "146. Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.",
"name": "Rioting",
"related_acts": "",
"section_id": 166
},
{
"act_id": 11,
"details": "147. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Punishment for rioting",
"related_acts": "",
"section_id": 167
},
{
"act_id": 11,
"details": "148. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Rioting, armed with deadly weapon",
"related_acts": "",
"section_id": 168
},
{
"act_id": 11,
"details": "149. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.",
"name": "Every member of unlawful assembly guilty of offence committed in prosecution of common object",
"related_acts": "",
"section_id": 169
},
{
"act_id": 11,
"details": "150. Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.",
"name": "Hiring, or conniving at hiring, of persons to join unlawful assembly",
"related_acts": "",
"section_id": 170
},
{
"act_id": 11,
"details": "151. Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Explanation.-If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.",
"name": "Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse",
"related_acts": "",
"section_id": 171
},
{
"act_id": 11,
"details": "152. Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years or with fine, or with both.",
"name": "Assaulting or obstructing public servant when suppressing riot, etc.",
"related_acts": "",
"section_id": 172
},
{
"act_id": 11,
"details": "153. Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Wantonly giving provocation with intent to cause riot-\t\tif rioting be committed;\t\tif not committed",
"related_acts": "",
"section_id": 173
},
{
"act_id": 11,
"details": "57153A. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, promotes or attempts to promote feelings of enmity or hatred between different classes of the citizens of Bangladesh, shall be punished with imprisonment which may extend to two years, or with fine, or with both. Explanation.-It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing or have a tendency to produce, feelings of enmity or hatred between different classes of the citizens of Bangladesh.",
"name": "Promoting enmity between classes",
"related_acts": "",
"section_id": 174
},
{
"act_id": 11,
"details": "58153B. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, induce or attempts to induce any student, or any class of students, or any institution interested in or connected with students, to take part in any political activity which disturbs or undermines, or is likely to disturb or undermine, the public order shall be punished with imprisonment which may extend to two years or with fine, or with both.",
"name": "Inducing students, etc. to take part in political activity",
"related_acts": "",
"section_id": 175
},
{
"act_id": 11,
"details": "154. Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand taka, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.",
"name": "Owner or occupier of land on which an unlawful assembly is held",
"related_acts": "",
"section_id": 176
},
{
"act_id": 11,
"details": "155. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.",
"name": "Liability of person for whose benefit riot is committed",
"related_acts": "",
"section_id": 177
},
{
"act_id": 11,
"details": "156. Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.",
"name": "Liability of agent of owner or occupier for whose benefit riot is committed",
"related_acts": "",
"section_id": 178
},
{
"act_id": 11,
"details": "157. Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Harbouring persons hired for an unlawful assembly",
"related_acts": "",
"section_id": 179
},
{
"act_id": 11,
"details": "158. Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Being hired to take part in an unlawful assembly or riot; or to go armed",
"related_acts": "",
"section_id": 180
},
{
"act_id": 11,
"details": "159. When two or more persons, by fighting in a public place, disturb the public peace, they are said to \"commit an affray\".",
"name": "Affray",
"related_acts": "",
"section_id": 181
},
{
"act_id": 11,
"details": "160. Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred taka, or with both.",
"name": "Punishment for committing affray",
"related_acts": "",
"section_id": 182
},
{
"act_id": 11,
"details": "161. Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain from any person, for himself or for any other person any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person, with the Government or Legislature, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Explanations-“Expecting to be a public servant.” If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating but he is not guilty of the offence defined in this section. “Gratification.” The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money. “Legal remuneration.” The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which is permitted by the authority by which he is employed, to accept. “A motive or reward for doing.” A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words. Illustrations (a) \tA, a munsif, obtains from Z, a banker, a situation in Z's bank for A's brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section. (b) \tA, holding the office of Consul at the Court of a foreign Power, accepts a lakh of taka from the Minister of that Power. It does not appear that A accepted this sum as a motive or reward for doing or forbearing to do any particular official act, or for rendering or attempting to render any particular service to that Power with the Government of Bangladesh. But it does appear that A accepted the sum as a motive or reward for generally showing favour in the exercise of his official functions to that Power. A has committed the offence defined in this section. (c)\tA, a public servant, induces Z erroneously to believe that A's influence with Government has obtained a title for Z and thus induces Z to give A money as a reward for this service. A has committed the offence defined in this section.",
"name": "Public servant taking gratification other than legal remuneration in respect of an official ac",
"related_acts": "",
"section_id": 183
},
{
"act_id": 11,
"details": "162. Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government or Legislature, or with any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Taking gratification, in order, by corrupt or illegal means, to influence public servant",
"related_acts": "",
"section_id": 184
},
{
"act_id": 11,
"details": "163. Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the Government or Legislature, or with any public servant, as such, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration An advocate who receives a fee for arguing a case before a Judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims of the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust, - are not within this section, inasmuch as they do not exercise or profess to exercise personal influence.",
"name": "Taking gratification, for exercise of personal influence with public servant",
"related_acts": "",
"section_id": 185
},
{
"act_id": 11,
"details": "164. Whoever, being a public servant, in respect of whom either of the offences defined in the last two preceding sections is committed, abets the offence, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustration A is a public servant. B, A's wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year, or with fine, or with both. A is punishable with imprisonment for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for abetment by public servant of offences defined in section 162 or 163",
"related_acts": "",
"section_id": 186
},
{
"act_id": 11,
"details": "59165A. Whoever abets any offence punishable under section 161 or section 165 shall, whether the offence abetted is or is not committed in consequence of the abetment, be punished with the punishment provided for the offence.",
"name": "Punishment for abetment of offences defined in sections 161 and 165",
"related_acts": "",
"section_id": 187
},
{
"act_id": 11,
"details": "60165B. A person shall be deemed not to abet an offence punishable under section 161 or section 165 if he is induced, compelled, coerced, or intimidated to offer or give any such gratification as is referred to in section 161 for any of the purposes mentioned therein, or any valuable thing without consideration, or for an inadequate consideration, to any such public servant as is referred to in section 165.",
"name": "Certain abettors excepted",
"related_acts": "",
"section_id": 188
},
{
"act_id": 11,
"details": "165. Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Illustrations (a) A, a Collector, hires a house of Z, who has a settlement case pending before him. It is agreed that A shall pay fifty taka a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred taka a month. A has obtained a valuable thing from Z without adequate consideration. (b) A, a Judge, buys of Z, who has a case pending in A's Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration. (c) Z's brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration.",
"name": "Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant",
"related_acts": "",
"section_id": 189
},
{
"act_id": 11,
"details": "166. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.",
"name": "Public servant disobeying law, with intent to cause injury to any person",
"related_acts": "",
"section_id": 190
},
{
"act_id": 11,
"details": "167. Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Public servant framing an incorrect document with intent to cause injury",
"related_acts": "",
"section_id": 191
},
{
"act_id": 11,
"details": "168. Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Public servant unlawfully engaging in trade",
"related_acts": "",
"section_id": 192
},
{
"act_id": 11,
"details": "169. Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.",
"name": "Public servant unlawfully buying or bidding for property",
"related_acts": "",
"section_id": 193
},
{
"act_id": 11,
"details": "170. Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description, for a term which may extend to two years, or with fine, or with both.",
"name": "Personating a public servant",
"related_acts": "",
"section_id": 194
},
{
"act_id": 11,
"details": "171. Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description, for a term which may extend to three months, or with fine which may extend to two hundred taka, or with both.",
"name": "Wearing garb or carrying token used by public servant with fraudulent intent",
"related_acts": "",
"section_id": 195
},
{
"act_id": 11,
"details": "171A. For the purposes of this Chapter - (a) \"candidate\" means a person who has been nominated as a candidate at any election and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate thereat; provided that he is subsequently nominated as a candidate at such election; (b) \"electoral right\" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.",
"name": "“Candidate”, “Electoral right” defined",
"related_acts": "",
"section_id": 196
},
{
"act_id": 11,
"details": "171D. Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.",
"name": "Personation at elections",
"related_acts": "",
"section_id": 197
},
{
"act_id": 11,
"details": "171E. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation.-Treating means that form of bribery where the gratification consists in food, drink, entertainment, or provision.",
"name": "Punishment of bribery",
"related_acts": "",
"section_id": 198
},
{
"act_id": 11,
"details": "171B. (1) Whoever- (i) \tgives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.",
"name": "Bribery",
"related_acts": "",
"section_id": 199
},
{
"act_id": 11,
"details": "171C.(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever (a) \tthreatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.",
"name": "Undue influence at elections",
"related_acts": "",
"section_id": 200
},
{
"act_id": 11,
"details": "171F. Whoever commits the offence of undue influence of personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Punishment for undue influence or personation at an election",
"related_acts": "",
"section_id": 201
},
{
"act_id": 11,
"details": "171G. Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.",
"name": "False statement in connection with an election",
"related_acts": "",
"section_id": 202
},
{
"act_id": 11,
"details": "171H. Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred taka: Provided that if any person having incurred any such expenses not exceeding the amount of ten taka without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.",
"name": "Illegal payments in connection with an election",
"related_acts": "",
"section_id": 203
},
{
"act_id": 11,
"details": "171-I. Whoever being required by any law for the time being in force on any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred taka.",
"name": "Failure to keep election accounts",
"related_acts": "",
"section_id": 204
},
{
"act_id": 11,
"details": "172. Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both; or, if the summons or notice or order is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six month, or with fine which may extend to one thousand taka, or with both.",
"name": "Absconding to avoid service of summons or other proceeding",
"related_acts": "",
"section_id": 205
},
{
"act_id": 11,
"details": "173. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Preventing service of summons or other proceeding or preventing publication thereof",
"related_acts": "",
"section_id": 206
},
{
"act_id": 11,
"details": "174. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. Illustrations (a)\tA, being legally bound to appear before the 62Supreme Court of Bangladesh in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b)\tA, being legally bound to appear before a Zila Judge, as a witness, in obedience to a summons issued by that Zila Judge, intentionally omits to appear. A has committed the offence defined in this section.",
"name": "Non-attendance in obedience to an order from public servant",
"related_acts": "",
"section_id": 207
},
{
"act_id": 11,
"details": "175. Whoever, being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both; or, if the document is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. Illustration A, being legally bound to produce a document before a Zila Court, intentionally omits to produce the same. A has committed the offence defined in this section.",
"name": "Omission to produce document to public servant by person legally bound to produce it",
"related_acts": "",
"section_id": 208
},
{
"act_id": 11,
"details": "176. Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both; or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both; or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898, with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Omission to give notice or information to public servant by person legally bound to give it",
"related_acts": "75",
"section_id": 209
},
{
"act_id": 11,
"details": "177. Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations (b)\tA, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b)\tA, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound, under 63any law for the time being in force, to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in different direction. Here A is guilty of the offence defined in the latter part of this section. Explanation.-In section 176 and in this section the word \"offence\" includes any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word \"offender' includes any person who is alleged to have been guilty of any such act.",
"name": "Furnishing false information",
"related_acts": "",
"section_id": 210
},
{
"act_id": 11,
"details": "178. Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Refusing oath or affirmation when duly required by public servant to make it",
"related_acts": "",
"section_id": 211
},
{
"act_id": 11,
"details": "179. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Refusing to answer public servant authorized to question",
"related_acts": "",
"section_id": 212
},
{
"act_id": 11,
"details": "180. Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Refusing to sign statement",
"related_acts": "",
"section_id": 213
},
{
"act_id": 11,
"details": "181. Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person or as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation",
"related_acts": "",
"section_id": 214
},
{
"act_id": 11,
"details": "182. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant (a)\tto do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b)\tto use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine may extend to one thousand taka, or with both. Illustrations (a)\tA informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b)\tA falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section. (c)\tA falsely informs a policeman that he has been assaulted and robbed in the neighborhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.",
"name": "False information with intent to cause public servant to use his lawful power to the injury of another person",
"related_acts": "",
"section_id": 215
},
{
"act_id": 11,
"details": "183. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Resistance to the taking of property by the lawful authority of a public servant",
"related_acts": "",
"section_id": 216
},
{
"act_id": 11,
"details": "184. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both.",
"name": "Obstructing sale of property offered for sale by authority of public servant",
"related_acts": "",
"section_id": 217
},
{
"act_id": 11,
"details": "185. Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred taka, or with both.",
"name": "Illegal purchase or bid for property offered for sale by authority of public servant",
"related_acts": "",
"section_id": 218
},
{
"act_id": 11,
"details": "186. Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Obstructing public servant in discharge of public functions",
"related_acts": "",
"section_id": 219
},
{
"act_id": 11,
"details": "187. Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred taka, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both.",
"name": "Omission to assist public servant when bound by law to give assistance",
"related_acts": "",
"section_id": 220
},
{
"act_id": 11,
"details": "188. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred taka, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. Explanation.-It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.",
"name": "Disobedience to order duly promulgated by public servant",
"related_acts": "",
"section_id": 221
},
{
"act_id": 11,
"details": "189. Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Threat of injury to public servant",
"related_acts": "",
"section_id": 222
},
{
"act_id": 11,
"details": "190. Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Threat of injury to induce person to refrain from applying for protection to public servant",
"related_acts": "",
"section_id": 223
},
{
"act_id": 11,
"details": "191. Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.Explanation 1.-A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2.-A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. Illustrations (a) A, in support of a just claim which B has against Z for one thousand taka falsely swears on a trial that he heard Z admit the justice of B's claim, A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, Knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement of document, which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.",
"name": "Giving false evidence",
"related_acts": "",
"section_id": 224
},
{
"act_id": 11,
"details": "192. Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said \"to fabricate the evidence.” Illustrations (a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. (b) A makes a false entry in his Shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.",
"name": "Fabricating false evidence",
"related_acts": "",
"section_id": 225
},
{
"act_id": 11,
"details": "193. Whoever intentionally gives false evidence in any stage of judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation 1.-A trial before a Court-martial is a judicial proceeding. Explanation 2.-An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence. Explanation 3.-An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.",
"name": "Punishment for false evidence",
"related_acts": "",
"section_id": 226
},
{
"act_id": 11,
"details": "194. Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by any law for the time being in force, shall be punished with 64imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment herein before described.",
"name": "Giving or fabricating false evidence with intent to procure conviction of capital offence;\tif innocent person be thereby convicted and executed",
"related_acts": "",
"section_id": 227
},
{
"act_id": 11,
"details": "195. Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by any law for the time being in force is not capital, but punishable with 65imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 66imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 67such imprisonment for life or imprisonment, with or without fine.",
"name": "Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment",
"related_acts": "",
"section_id": 228
},
{
"act_id": 11,
"details": "196. Whoever corruptly uses or attempts to use as true or genuine evidence, any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.",
"name": "Using evidence known to be false",
"related_acts": "",
"section_id": 229
},
{
"act_id": 11,
"details": "197. Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.",
"name": "Issuing or signing false certificate",
"related_acts": "",
"section_id": 230
},
{
"act_id": 11,
"details": "198. Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.",
"name": "Using as true a certificate known to be false",
"related_acts": "",
"section_id": 231
},
{
"act_id": 11,
"details": "199. Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other persons, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.",
"name": "False statement made in declaration which is by law receivable as evidence",
"related_acts": "",
"section_id": 232
},
{
"act_id": 11,
"details": "200. Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation.-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.",
"name": "Using as true such declaration knowing it to be false",
"related_acts": "",
"section_id": 233
},
{
"act_id": 11,
"details": "201. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with 68imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. Illustration A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.",
"name": "Causing disappearance of evidence of offence, or\t\tgiving false information to screen offender-\tif a capital offence;\tif punishable with imprisonment for life;\tif punishable with less than ten years’ imprisonment",
"related_acts": "",
"section_id": 234
},
{
"act_id": 11,
"details": "202. Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Intentional omission to give information of offence by person bound to inform",
"related_acts": "",
"section_id": 235
},
{
"act_id": 11,
"details": "203. Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.-In sections 201 and 202 and in this section the word \"offence\" includes any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.",
"name": "Giving false information respecting an offence committed",
"related_acts": "",
"section_id": 236
},
{
"act_id": 11,
"details": "204. Whoever secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Destruction of document to prevent its production as evidence",
"related_acts": "",
"section_id": 237
},
{
"act_id": 11,
"details": "205. Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "False personation for purpose of act or proceeding in suit or prosecution",
"related_acts": "",
"section_id": 238
},
{
"act_id": 11,
"details": "206. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution",
"related_acts": "",
"section_id": 239
},
{
"act_id": 11,
"details": "207. Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Fraudulent claim to property to prevent its seizure as forfeited or in execution",
"related_acts": "",
"section_id": 240
},
{
"act_id": 11,
"details": "208. Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustration A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.",
"name": "Fraudulently suffering decree for sum not due",
"related_acts": "",
"section_id": 241
},
{
"act_id": 11,
"details": "209. Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.",
"name": "Dishonestly making false claim in Court",
"related_acts": "",
"section_id": 242
},
{
"act_id": 11,
"details": "210. Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Fraudulently obtaining decree for sum not due",
"related_acts": "",
"section_id": 243
},
{
"act_id": 11,
"details": "211. Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 69imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "False charge of offence made with intent to injure",
"related_acts": "",
"section_id": 244
},
{
"act_id": 11,
"details": "212. Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if the offence is punishable with 70imprisonment for life or with imprisonment which may extend to ten years, shall be, punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. \"Offence\" in this section includes any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Bangladesh. Exception.This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. Illustration A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to 71imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.",
"name": "Harbouring offender\t\tif a capital offence;\t\tif punishable with imprisonment for life, or with imprisonment",
"related_acts": "",
"section_id": 245
},
{
"act_id": 11,
"details": "213. Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with 72imprisonment for life, or with imprisonment which may extend to ten yeas, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.",
"name": "Taking gift, etc., to screen an offender from punishment-\t\tif a capital offence; if punishable with imprisonment for life, or with imprisonment",
"related_acts": "",
"section_id": 246
},
{
"act_id": 11,
"details": "214. Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or to restore or cause the restoration of any property to any person, in consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with 73imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extent to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Exception.-The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.",
"name": "Offering gift or restoration of property in consideration of screening offender-\t\tif a capital offence;\t\tif punishable with imprisonment for life, or with imprisonment",
"related_acts": "",
"section_id": 247
},
{
"act_id": 11,
"details": "215. Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any moveable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Taking gift to help to recover stolen property, etc.",
"related_acts": "",
"section_id": 248
},
{
"act_id": 11,
"details": "216B. Omitted by section 3 of the Penal Code (Amendment) Act, 1942 (Act No. VIII of 1942).",
"name": "Omitted",
"related_acts": "",
"section_id": 249
},
{
"act_id": 11,
"details": "216. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful power of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if the offence is punishable with 74imprisonment for life, or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both. “Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of Bangladesh which, if he had been guilty of it in Bangladesh, would have been punishable as an offence, and for which he is, under any law relating to extradition, or under the Fugitive Offenders Act, 1881, or otherwise, liable to be apprehended or detained in custody in Bangladesh, and every such act or omission shall, for the purpose of this section, be deemed to be punishable as if the accused person had been guilty of it in Bangladesh. Exception.–This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.",
"name": "Harbouring offender who has escaped from custody or whose apprehension has been ordered-\t\tif a capital offence;\t\tif punishable with imprisonment for life, or with imprisonment",
"related_acts": "",
"section_id": 250
},
{
"act_id": 11,
"details": "216A. Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation.-For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without Bangladesh. Exception.–This provision does not extend to the case in which the harbour is by the husband or wife of the offender.",
"name": "Penalty for harbouring robbers or dacoits",
"related_acts": "",
"section_id": 251
},
{
"act_id": 11,
"details": "217. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture",
"related_acts": "",
"section_id": 252
},
{
"act_id": 11,
"details": "218. Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture",
"related_acts": "",
"section_id": 253
},
{
"act_id": 11,
"details": "219. Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a Judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Public servant in judicial proceeding corruptly making report, etc., contrary to law",
"related_acts": "",
"section_id": 254
},
{
"act_id": 11,
"details": "220. Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or confinement, or keeps any person in confinement, in the exercise of that authority, knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Commitment for trial or confinement by person having authority who knows that he is acting contrary to law",
"related_acts": "",
"section_id": 255
},
{
"act_id": 11,
"details": "221. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say: with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 75imprisonment for life or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.",
"name": "Intentional omission to apprehend on the part of public servant bound to apprehend",
"related_acts": "",
"section_id": 256
},
{
"act_id": 11,
"details": "222. Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows that is to say:- with 76imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 77imprisonment for life 78* * * or imprisonment for a term of ten years or upwards; or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.",
"name": "Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed",
"related_acts": "",
"section_id": 257
},
{
"act_id": 11,
"details": "223. Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such persons to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Escape from confinement or custody negligently suffered by public servant",
"related_acts": "",
"section_id": 258
},
{
"act_id": 11,
"details": "224. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.-The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.",
"name": "Resistance or obstruction by a person to his lawful apprehension",
"related_acts": "",
"section_id": 259
},
{
"act_id": 11,
"details": "225B. Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for",
"related_acts": "",
"section_id": 260
},
{
"act_id": 11,
"details": "225. Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 79imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 80imprisonment for life, 81* * * or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 82imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also liable to fine.",
"name": "Resistance or obstruction to lawful apprehension of another person",
"related_acts": "",
"section_id": 261
},
{
"act_id": 11,
"details": "83225A. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished (a)\tif he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both; and (b)\tif he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for",
"related_acts": "",
"section_id": 262
},
{
"act_id": 11,
"details": "226. Omitted by section 18 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 263
},
{
"act_id": 11,
"details": "227. Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.",
"name": "Violation of condition of remission of punishment",
"related_acts": "",
"section_id": 264
},
{
"act_id": 11,
"details": "228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Intentional insult or interruption to public servant sitting in judicial proceeding",
"related_acts": "",
"section_id": 265
},
{
"act_id": 11,
"details": "229. Whoever by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Personation of a juror or assessor",
"related_acts": "",
"section_id": 266
},
{
"act_id": 11,
"details": "230. Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used. Bangladesh coin is metal stamped and issued by the authority of the Government 84* * * in order to be used as money; and metal which has been so stamped and issued shall continue to be Bangladesh coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money. Illustrations (a) Cowries are not coin. (b) Lumps of unstamped copper, though used as money, are not coin. (c) Medals are not coin, inasmuch as they are not intended to be used as money. (d) The coin denominated as the Company's taka is the Queen's coin. (e) The \"Farukhabad\" taka, which was formerly used as money under the authority of the Government of India, is Bangladesh coin although it is no longer so used.",
"name": "“Coin” defined\t\tBangladesh coin",
"related_acts": "",
"section_id": 267
},
{
"act_id": 11,
"details": "231. Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A person commits this offence who intending to practice deception, or knowing it to be likely that deception will thereby be practiced, causes a genuine coin to appear like a different coin.",
"name": "Counterfeiting coin",
"related_acts": "",
"section_id": 268
},
{
"act_id": 11,
"details": "232. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Bangladesh coin, shall be punished with imprisonment for life, or with 85imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Counterfeiting Bangladesh coin",
"related_acts": "",
"section_id": 269
},
{
"act_id": 11,
"details": "233. Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Making or selling instrument for counterfeiting coin",
"related_acts": "",
"section_id": 270
},
{
"act_id": 11,
"details": "234. Whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting Bangladesh coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Making or selling instrument for counterfeiting Bangladesh coin",
"related_acts": "",
"section_id": 271
},
{
"act_id": 11,
"details": "235. Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the coin to be counterfeited is Bangladesh coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Possession of instrument or material for the purpose of using the same for counterfeiting coin; if Bangladesh coin",
"related_acts": "",
"section_id": 272
},
{
"act_id": 11,
"details": "236. Whoever, being within Bangladesh, abets the counterfeiting of coin out of Bangladesh shall be punished in the same manner as if he abetted the counterfeiting of such coin within Bangladesh.",
"name": "Abetting in Bangladesh the counterfeiting out of Bangladesh of coin",
"related_acts": "",
"section_id": 273
},
{
"act_id": 11,
"details": "237. Whoever imports into Bangladesh, or exports therefrom, any counterfeit coin, knowingly or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Import or export of counterfeit coin",
"related_acts": "",
"section_id": 274
},
{
"act_id": 11,
"details": "238. Whoever imports into Bangladesh, or exports therefrom, any counterfeit coin which he knows or has reason to believe to be a counterfeit of Bangladesh coin, shall be punished with 86imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Import or export of counterfeits of Bangladesh coin",
"related_acts": "",
"section_id": 275
},
{
"act_id": 11,
"details": "239. Whoever, having any counterfeit coin which, at the time when he became possessed of it, he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.",
"name": "Delivery of coin, possessed with knowledge that it is counterfeit",
"related_acts": "",
"section_id": 276
},
{
"act_id": 11,
"details": "240. Whoever, having any counterfeit coin, which is a counterfeit of Bangladesh coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Bangladesh coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Delivery of Bangladesh coin, possessed with knowledge that it is counterfeit",
"related_acts": "",
"section_id": 277
},
{
"act_id": 11,
"details": "241. Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend is ten times the value of the coin counterfeited, or with both. Illustration A, a coiner, delivers counterfeit Company's taka to his accomplice B, for the purpose of uttering them. B sells the taka to C, another, utterer, who buys them knowing them to be counterfeit. C pays away the taka for goods to D, who receives them, not knowing them to be counterfeit. D after receiving the taka, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be.",
"name": "Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit",
"related_acts": "",
"section_id": 278
},
{
"act_id": 11,
"details": "242. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof",
"related_acts": "",
"section_id": 279
},
{
"act_id": 11,
"details": "243. Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of Bangladesh coin, having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Possession of Bangladesh coin by person who knew it to be counterfeit when he became possessed thereof",
"related_acts": "",
"section_id": 280
},
{
"act_id": 11,
"details": "244. Whoever, being employed in any mint lawfully established in Bangladesh, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be liable to fine.",
"name": "Person employed in mint causing coin to be of different weight or composition from that fixed by law",
"related_acts": "",
"section_id": 281
},
{
"act_id": 11,
"details": "245. Whoever, without lawful authority, takes out of any mint, lawfully established in Bangladesh, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Unlawfully taking coining instrument from mint",
"related_acts": "",
"section_id": 282
},
{
"act_id": 11,
"details": "246. Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation.-A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.",
"name": "Fraudulently or dishonesty diminishing weight or altering composition of coin",
"related_acts": "",
"section_id": 283
},
{
"act_id": 11,
"details": "247. Whoever fraudulently or dishonestly performs on any Bangladesh coin, any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Fraudulently or dishonestly diminishing weight or altering composition of Bangladesh coin",
"related_acts": "",
"section_id": 284
},
{
"act_id": 11,
"details": "248. Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Altering appearance of coin with intent that it shall pass as coin of different description",
"related_acts": "",
"section_id": 285
},
{
"act_id": 11,
"details": "249. Whoever performs on any Bangladesh coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Altering appearance of Bangladesh coin, with intent that it shall pass as coin of different description",
"related_acts": "",
"section_id": 286
},
{
"act_id": 11,
"details": "250. Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.",
"name": "Delivery of coin, possessed with knowledge that it is altered",
"related_acts": "",
"section_id": 287
},
{
"act_id": 11,
"details": "251. Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Delivery of Bangladesh coin, possessed with knowledge that it is altered",
"related_acts": "",
"section_id": 288
},
{
"act_id": 11,
"details": "252. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Possession of coin by person who knew it to be altered when he became possessed thereof",
"related_acts": "",
"section_id": 289
},
{
"act_id": 11,
"details": "253. Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.",
"name": "Possession of Bangladesh coin by person who knew it to be altered when he became possessed thereof",
"related_acts": "",
"section_id": 290
},
{
"act_id": 11,
"details": "254. Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248, or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.",
"name": "Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered",
"related_acts": "",
"section_id": 291
},
{
"act_id": 11,
"details": "255. Whoever counterfeits or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with 87imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.-A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.",
"name": "Counterfeiting Government stamp",
"related_acts": "",
"section_id": 292
},
{
"act_id": 11,
"details": "256. Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Having possession of instrument or material for counterfeiting Government stamp",
"related_acts": "",
"section_id": 293
},
{
"act_id": 11,
"details": "257. Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Making or selling instrument for counterfeiting Government stamp",
"related_acts": "",
"section_id": 294
},
{
"act_id": 11,
"details": "258. Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Sale of counterfeit Government stamp",
"related_acts": "",
"section_id": 295
},
{
"act_id": 11,
"details": "259. Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Having possession of counterfeit Government stamp",
"related_acts": "",
"section_id": 296
},
{
"act_id": 11,
"details": "260. Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Using as genuine a Government stamp known to be counterfeit",
"related_acts": "",
"section_id": 297
},
{
"act_id": 11,
"details": "261. Whoever fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government",
"related_acts": "",
"section_id": 298
},
{
"act_id": 11,
"details": "262. Whoever fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Using Government stamp known to have been before used",
"related_acts": "",
"section_id": 299
},
{
"act_id": 11,
"details": "263. Whoever fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Erasure of mark denoting that stamp has been used",
"related_acts": "",
"section_id": 300
},
{
"act_id": 11,
"details": "88263A. (1) Whoever (a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or (b) \thas in his possession, without lawful excuse, any fictitious stamp, or (c) \tmakes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred taka. (2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and shall be forfeited. (3) In this section “fictitious stamp\" means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose. (4) In this section and also in sections 255 to 263, both inclusive, the word “Government\" when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive government in any part of Bangladesh, and also in any part of Her Majesty's dominions or in any foreign country.",
"name": "Prohibition of fictitious stamps",
"related_acts": "",
"section_id": 301
},
{
"act_id": 11,
"details": "264. Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Fraudulent use of false instrument for weighing",
"related_acts": "",
"section_id": 302
},
{
"act_id": 11,
"details": "265. Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Fraudulent use of false weight or measure",
"related_acts": "",
"section_id": 303
},
{
"act_id": 11,
"details": "266. Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, and intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Being in possession of false weight or measure",
"related_acts": "",
"section_id": 304
},
{
"act_id": 11,
"details": "267. Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or with both.",
"name": "Making or selling false weight or measure",
"related_acts": "",
"section_id": 305
},
{
"act_id": 11,
"details": "268. A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, dangers or annoyance to persons who may have occasion to use any public right.A common nuisance is not excused on the ground that it causes some convenience or advantage.",
"name": "Public nuisance",
"related_acts": "",
"section_id": 306
},
{
"act_id": 11,
"details": "269. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Negligent act likely to spread infection of disease dangerous to life",
"related_acts": "",
"section_id": 307
},
{
"act_id": 11,
"details": "270. Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Malignant act likely to spread infection of disease dangerous to life",
"related_acts": "",
"section_id": 308
},
{
"act_id": 11,
"details": "271. Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Disobedience to quarantine rule",
"related_acts": "",
"section_id": 309
},
{
"act_id": 11,
"details": "272. Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Adulteration of food or drink intended for sale",
"related_acts": "",
"section_id": 310
},
{
"act_id": 11,
"details": "273. Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Sale of noxious food or drink",
"related_acts": "",
"section_id": 311
},
{
"act_id": 11,
"details": "274. Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Adulteration of drugs",
"related_acts": "",
"section_id": 312
},
{
"act_id": 11,
"details": "275. Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Sale of adulterated drugs",
"related_acts": "",
"section_id": 313
},
{
"act_id": 11,
"details": "276. Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medicinal preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Sale of drug as a different drug or preparation",
"related_acts": "",
"section_id": 314
},
{
"act_id": 11,
"details": "277. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka or with both.",
"name": "Fouling water or public spring or reservoir",
"related_acts": "",
"section_id": 315
},
{
"act_id": 11,
"details": "278. Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way, shall be punished with fine which may extend to five hundred taka.",
"name": "Making atmosphere noxious to health",
"related_acts": "",
"section_id": 316
},
{
"act_id": 11,
"details": "279. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to 89three years, or with fine which may, subject to the minimum of one thousand taka, extend to five thousand taka or with both. 90Explanation. Any person driving any vehicle, or riding, on any public way, in a speed which exceeds the limit prescribed in this behalf by or under any law for the time being in force shall, for the purpose of this section, be deemed to have driven so rashly or negligently as to endanger human life, or cause hurt or injury to any other person.",
"name": "Rash driving or riding on a public way",
"related_acts": "",
"section_id": 317
},
{
"act_id": 11,
"details": "280. Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Rash navigation of vessel",
"related_acts": "",
"section_id": 318
},
{
"act_id": 11,
"details": "281. Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Exhibition of false light, mark or buoy",
"related_acts": "",
"section_id": 319
},
{
"act_id": 11,
"details": "282. Whoever knowingly or negligently conveys, or causes to be conveyed for, hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Conveying person by water for hire in unsafe or over-loaded vessel",
"related_acts": "",
"section_id": 320
},
{
"act_id": 11,
"details": "283. Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred taka.",
"name": "Danger or obstruction in public way or line of navigation",
"related_acts": "",
"section_id": 321
},
{
"act_id": 11,
"details": "284. Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to poisonous substance",
"related_acts": "",
"section_id": 322
},
{
"act_id": 11,
"details": "285. Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to fire or combustible matter",
"related_acts": "",
"section_id": 323
},
{
"act_id": 11,
"details": "286. Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to explosive substance",
"related_acts": "",
"section_id": 324
},
{
"act_id": 11,
"details": "287. Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to machinery",
"related_acts": "",
"section_id": 325
},
{
"act_id": 11,
"details": "288. Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to pulling down or repairing buildings",
"related_acts": "",
"section_id": 326
},
{
"act_id": 11,
"details": "289. Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Negligent conduct with respect to animal",
"related_acts": "",
"section_id": 327
},
{
"act_id": 11,
"details": "290. Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred taka.",
"name": "Punishment for public nuisance in cases not otherwise provided for",
"related_acts": "",
"section_id": 328
},
{
"act_id": 11,
"details": "291. Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.",
"name": "Continuance of nuisance after injunction to discontinue",
"related_acts": "",
"section_id": 329
},
{
"act_id": 11,
"details": "292. Whoever (a)\tsells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b)\timports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c)\ttakes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (d)\tadvertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or (e)\toffers or attempts to do any act which is an offence under this section, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. Exception.- This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.",
"name": "Sale, etc., of obscene books, etc.",
"related_acts": "",
"section_id": 330
},
{
"act_id": 11,
"details": "293. Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Sale, etc., of obscene objects to young person",
"related_acts": "",
"section_id": 331
},
{
"act_id": 11,
"details": "294. Whoever, to the annoyance of others, (a) \tdoes any obscene act in any public place, or (b) \tsings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.",
"name": "Obscene acts and songs",
"related_acts": "",
"section_id": 332
},
{
"act_id": 11,
"details": "91294A. Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorized by the Government shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery shall be punished with fine which may extend to one thousand taka.",
"name": "Keeping lottery-office",
"related_acts": "",
"section_id": 333
},
{
"act_id": 11,
"details": "92294B. Whoever offers, or undertakes to offer, in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, by whatever name called, whether in money or kind, against any coupon, ticket, number or figure, or by any other device, as an inducement or encouragement to trade or business or to the buying of any commodity, or for the purpose of advertisement or popularising any commodity, and whoever publishes any such offer, shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.",
"name": "Offering of prize in connection with trade, etc.",
"related_acts": "",
"section_id": 334
},
{
"act_id": 11,
"details": "295. Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Injuring or defiling place of worship, with intent to insult the religion of any class",
"related_acts": "",
"section_id": 335
},
{
"act_id": 11,
"details": "93295A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Bangladesh, by words, either spoken or written, or by visible representations insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs",
"related_acts": "",
"section_id": 336
},
{
"act_id": 11,
"details": "296. Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Disturbing religious assembly",
"related_acts": "",
"section_id": 337
},
{
"act_id": 11,
"details": "297. Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Trespassing on burial places, etc.",
"related_acts": "",
"section_id": 338
},
{
"act_id": 11,
"details": "298. Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Uttering words, etc., with deliberate intent to wound religious feelings",
"related_acts": "",
"section_id": 339
},
{
"act_id": 11,
"details": "299. Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustrations (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z's death induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B or cause death by doing an act that he knew was likely to cause death. Explanation 1. A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2. Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3. The causing of the death of a child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.",
"name": "Culpable homicide",
"related_acts": "",
"section_id": 340
},
{
"act_id": 11,
"details": "300. Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- Secondly.-If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or – Thirdly.-If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or – Fourthly.--f the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.",
"name": "Murder",
"related_acts": "",
"section_id": 341
},
{
"act_id": 11,
"details": "Exception 1.-Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or cause the death of any other person by mistake or accident. The above exception is subject to the following provisos: Firstly.-That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. Secondly.-That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly.-That the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation.- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z's child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A's deposition, and that A has perjured himself, A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z's nose. Z, in exercise of the right of private defense, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defense. (f) Z strikes B. B is by this provocation excited to violent rage. A, a by stander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.- Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4.-Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. Explanation.- It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.- Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder.",
"name": "When culpable homicide is not murder",
"related_acts": "",
"section_id": 342
},
{
"act_id": 11,
"details": ". 301. If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.",
"name": "Culpable homicide by causing death of person other than person whose death was intended",
"related_acts": "",
"section_id": 343
},
{
"act_id": 11,
"details": "302. Whoever commits murder shall be punished with death, or 94imprisonment for life, and shall also be liable to fine.",
"name": "Punishment for murder",
"related_acts": "",
"section_id": 344
},
{
"act_id": 11,
"details": "303. Whoever, being under sentence of 95imprisonment for life, commits murder, shall be punished with death.",
"name": "Punishment for murder by life-convict",
"related_acts": "",
"section_id": 345
},
{
"act_id": 11,
"details": "96304A. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to 97five years, or with fine, or with both.",
"name": "Causing death by negligence",
"related_acts": "",
"section_id": 346
},
{
"act_id": 11,
"details": "98304B. Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to 99three years, or with fine, or with both.",
"name": "Causing death by rash driving or riding on a public way",
"related_acts": "",
"section_id": 347
},
{
"act_id": 11,
"details": "304. Whoever commits culpable homicide not amounting to murder, shall be punished with 100imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or to cause such bodily injury as is likely to cause death.",
"name": "Punishment for culpable homicide not amounting to murder",
"related_acts": "",
"section_id": 348
},
{
"act_id": 11,
"details": "305. If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide shall be punished with death or 101imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.",
"name": "Abetment of suicide of child or insane person",
"related_acts": "",
"section_id": 349
},
{
"act_id": 11,
"details": "306. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Abetment of suicide",
"related_acts": "",
"section_id": 350
},
{
"act_id": 11,
"details": "307. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to 102imprisonment for life, or to such punishment as is hereinbefore mentioned. When any person offending under this section is under sentence of 103imprisonment for life, he may, if hurt is caused, be punished with death. Illustration (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A with the intention of causing the death of a child of tender years exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds, he is liable to the punishment provided by the latter part of the first paragraph of this section. (d) A, intending to murder Z, by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence in this section. A places the food on Z's table or delivers it to Z's servants to place it on Z's table. A has committed the offence defined in this section.",
"name": "Attempt to murder\tAttempts by life-convicts",
"related_acts": "",
"section_id": 351
},
{
"act_id": 11,
"details": "308. Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.",
"name": "Attempt to commit culpable homicide",
"related_acts": "",
"section_id": 352
},
{
"act_id": 11,
"details": "309. Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Attempt to commit suicide",
"related_acts": "",
"section_id": 353
},
{
"act_id": 11,
"details": "310. Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug.",
"name": "Thug",
"related_acts": "",
"section_id": 354
},
{
"act_id": 11,
"details": "311. Whoever is a thug, shall be punished with 104imprisonment for life, and shall also be liable to fine.",
"name": "Punishment",
"related_acts": "",
"section_id": 355
},
{
"act_id": 11,
"details": "312. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A woman who causes herself to miscarry, is within the meaning of this section.",
"name": "Causing miscarriage",
"related_acts": "",
"section_id": 356
},
{
"act_id": 11,
"details": "313. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 105imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Causing miscarriage without women's consent",
"related_acts": "",
"section_id": 357
},
{
"act_id": 11,
"details": "314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine,",
"name": "Death caused by act done with intent to cause miscarriage",
"related_acts": "",
"section_id": 358
},
{
"act_id": 11,
"details": "and if the act is done without the consent of the woman, shall be punished either with 106imprisonment for life, or with the punishment above-mentioned. Explanation.It is not essential to this offence that the offender should know that the act is likely to cause death.",
"name": "If act done without women's consent",
"related_acts": "",
"section_id": 359
},
{
"act_id": 11,
"details": "315. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.",
"name": "Act done with intent to prevent child being born alive or to cause it to die after birth",
"related_acts": "",
"section_id": 360
},
{
"act_id": 11,
"details": "316. Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured but does not die; but the death of an unborn quick child with which she is pregnant thereby caused. A is guilty of the offence defined in this section.",
"name": "Causing death of quick unborn child by act amounting to culpable homicide",
"related_acts": "",
"section_id": 361
},
{
"act_id": 11,
"details": "317. Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.",
"name": "Exposure and abandonment of child under twelve years by parent or person having care of it",
"related_acts": "",
"section_id": 362
},
{
"act_id": 11,
"details": "318. Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Concealment of birth by secret disposal of dead body",
"related_acts": "",
"section_id": 363
},
{
"act_id": 11,
"details": "319. Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.",
"name": "Hurt",
"related_acts": "",
"section_id": 364
},
{
"act_id": 11,
"details": "320. The following kinds of hurt only are designated as \"grievous\":- Firstly.-Emasculation. Secondly.-Permanent privation of the sight of either eye. Thirdly.-Permanent privation of the hearing of either ear. Fourthly.-Privation of any member or joint. Fifthly.-Destruction or permanent impairing of the powers of any member or joint. Sixthly.-Permanent disfiguration of the head or face. Seventhly.-Fracture or dislocation of a bone or tooth. Eighthly.-Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.",
"name": "Grievous hurt",
"related_acts": "",
"section_id": 365
},
{
"act_id": 11,
"details": "321. Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said \"voluntarily to cause hurt\".",
"name": "Voluntarily causing hurt",
"related_acts": "",
"section_id": 366
},
{
"act_id": 11,
"details": "322. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt\". Explanation.-A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. Illustration A, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.",
"name": "Voluntarily causing grievous hurt",
"related_acts": "",
"section_id": 367
},
{
"act_id": 11,
"details": "323. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both.",
"name": "Punishment for voluntarily causing hurt",
"related_acts": "",
"section_id": 368
},
{
"act_id": 11,
"details": "324. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Voluntarily causing hurt by dangerous weapons or means",
"related_acts": "",
"section_id": 369
},
{
"act_id": 11,
"details": "325. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Punishment for voluntarily causing grievous hurt",
"related_acts": "",
"section_id": 370
},
{
"act_id": 11,
"details": "326. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 107imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing grievous hurt by dangerous weapons or means",
"related_acts": "",
"section_id": 371
},
{
"act_id": 11,
"details": "108326A. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt of the kind mentioned in (a)\tclause secondly of section 320 in respect of both the eyes either by gouging out the same or by means of any corrosive substance; or (b)\tclause sixthly of section 320 by means of any corrosive substance, shall be punished with death, or 109imprisonment for life and shall also be liable to fine.",
"name": "Voluntarily causing grievous hurt in respect of both eyes, hand or face by means of corrosive substance, etc.",
"related_acts": "",
"section_id": 372
},
{
"act_id": 11,
"details": "327. Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer, or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing hurt to extort property or to constrain to an illegal act",
"related_acts": "",
"section_id": 373
},
{
"act_id": 11,
"details": "328. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or un- wholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Causing hurt by means of poison, etc., with intent to commit an offence",
"related_acts": "",
"section_id": 374
},
{
"act_id": 11,
"details": "329. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with 110imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act",
"related_acts": "",
"section_id": 375
},
{
"act_id": 11,
"details": "330. Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Illustrations (a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (a)\tA, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (b)\tA, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. (c)\tA, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.",
"name": "Voluntarily causing hurt to extort confession, or to compel restoration of property",
"related_acts": "",
"section_id": 376
},
{
"act_id": 11,
"details": "331. Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing grievous hurt to extort confession, or to compel restoration of property",
"related_acts": "",
"section_id": 377
},
{
"act_id": 11,
"details": "332. Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Voluntarily causing hurt to deter public servant from his duty",
"related_acts": "",
"section_id": 378
},
{
"act_id": 11,
"details": "333. Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing grievous hurt to deter public servant from his duty",
"related_acts": "",
"section_id": 379
},
{
"act_id": 11,
"details": "334. Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both.",
"name": "Voluntarily causing hurt on provocation",
"related_acts": "",
"section_id": 380
},
{
"act_id": 11,
"details": "335. Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand taka, or with both. Explanation. The last two sections are subject to the same provisos as Exception 1, section 300.",
"name": "Voluntarily causing grievous hurt on provocation",
"related_acts": "",
"section_id": 381
},
{
"act_id": 11,
"details": "336. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty taka, or with both.",
"name": "Act endangering life or personal safety to others",
"related_acts": "",
"section_id": 382
},
{
"act_id": 11,
"details": "337. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both.",
"name": "Causing hurt by act endangering life or personal safety of others",
"related_acts": "",
"section_id": 383
},
{
"act_id": 11,
"details": "338. Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine which may extend to 111five thousand taka, or with both.",
"name": "Causing grievous hurt by act endangering life or personal safety of others",
"related_acts": "",
"section_id": 384
},
{
"act_id": 11,
"details": "112338A. Whoever causes grievous hurt to any person by driving any vehicle or riding on any public way so rashly or negligently as to endanger human life, or the personal safety of others shall be punished with imprisonment of either description for a term which may extend to 113two years, or with fine, or with both.",
"name": "Causing grievous hurt by rush driving or riding on a public way",
"related_acts": "",
"section_id": 385
},
{
"act_id": 11,
"details": "339. Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception. The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.",
"name": "Wrongful restraint",
"related_acts": "",
"section_id": 386
},
{
"act_id": 11,
"details": "340. Whoever wrongfully restrains any person in such a manner as to prevent that person form proceeding beyond certain circumscribing limits, is said \"wrongfully to confine\" that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.",
"name": "Wrongful confinement",
"related_acts": "",
"section_id": 387
},
{
"act_id": 11,
"details": "341. Whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both.",
"name": "Punishment for wrongful restraint",
"related_acts": "",
"section_id": 388
},
{
"act_id": 11,
"details": "342. Whoever wrongfully confines any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both.",
"name": "Punishment for wrongful confinement",
"related_acts": "",
"section_id": 389
},
{
"act_id": 11,
"details": "343. Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Wrongful confinement for three or more days",
"related_acts": "",
"section_id": 390
},
{
"act_id": 11,
"details": "344. Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Wrongful confinement for ten or more days",
"related_acts": "",
"section_id": 391
},
{
"act_id": 11,
"details": "345. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.",
"name": "Wrongful confinement of person for whose liberation writ has been issued",
"related_acts": "",
"section_id": 392
},
{
"act_id": 11,
"details": "346. Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.",
"name": "Wrongful confinement in secret",
"related_acts": "",
"section_id": 393
},
{
"act_id": 11,
"details": "347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Wrongful confinement to extort property or constrain to illegal act",
"related_acts": "",
"section_id": 394
},
{
"act_id": 11,
"details": "348. Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Wrongful confinement to extort confession or compel restoration of property",
"related_acts": "",
"section_id": 395
},
{
"act_id": 11,
"details": "349. A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: Firstly. By his own bodily power. Secondly. By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly. By inducing any animal to move, to change its motion, or to cease to move.",
"name": "Force",
"related_acts": "",
"section_id": 396
},
{
"act_id": 11,
"details": "350. Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. Illustrations (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person's part. A has therefore intentionally used force to Z; and if he has done so without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z's consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water, and dash up the water against Z's clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z's clothes, A has used force to Z; and if he did so without Z's consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z's sense of feeling: A has therefore intentionally used force to Z; and if he has done this without Z's consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.",
"name": "Criminal force",
"related_acts": "",
"section_id": 397
},
{
"act_id": 11,
"details": "351. Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation.- Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. Illustrations (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending, or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, \"I will give you a beating\". Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault.",
"name": "Assault",
"related_acts": "",
"section_id": 398
},
{
"act_id": 11,
"details": "352. Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both. Explanation.- Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.",
"name": "Punishment for assault or criminal force otherwise than on grave provocation",
"related_acts": "",
"section_id": 399
},
{
"act_id": 11,
"details": "353. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to 114three years, or with fine, or with both.",
"name": "Assault or criminal force to deter public servant from discharge of his duty",
"related_acts": "",
"section_id": 400
},
{
"act_id": 11,
"details": "354. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Assault or criminal force to woman with intent to outage her modesty",
"related_acts": "",
"section_id": 401
},
{
"act_id": 11,
"details": "355. Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Assault or criminal force with intent to dishonour person, otherwise than on grave provocation",
"related_acts": "",
"section_id": 402
},
{
"act_id": 11,
"details": "356. Whoever assaults or uses criminal force to any person in attempting to commit theft on any property which that person is then wearing or carrying shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.",
"name": "Assault or criminal force in attempt to commit theft of property carried by a person",
"related_acts": "",
"section_id": 403
},
{
"act_id": 11,
"details": "357. Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both.",
"name": "Assault or criminal force in attempt wrongfully to confine a person",
"related_acts": "",
"section_id": 404
},
{
"act_id": 11,
"details": "358. Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred taka, or with both. Explanation.-The last section is subject to the same Explanation as section 352.",
"name": "Assault or criminal force on grave provocation.",
"related_acts": "",
"section_id": 405
},
{
"act_id": 11,
"details": "359. Kidnapping is of two kinds: kidnapping from Bangladesh, and kidnapping from lawful guardianship.",
"name": "Kidnapping",
"related_acts": "",
"section_id": 406
},
{
"act_id": 11,
"details": "360. Whoever conveys any person beyond the limits of Bangladesh without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Bangladesh.",
"name": "Kidnapping from Bangladesh, etc.",
"related_acts": "",
"section_id": 407
},
{
"act_id": 11,
"details": "361. Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. Explanation.-The words \"lawful guardian\" in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception.-This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.",
"name": "Kidnapping from lawful guardianship",
"related_acts": "",
"section_id": 408
},
{
"act_id": 11,
"details": "362. Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.",
"name": "Abduction",
"related_acts": "",
"section_id": 409
},
{
"act_id": 11,
"details": "363. Whoever kidnaps any person from Bangladesh or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Punishment for kidnapping",
"related_acts": "",
"section_id": 410
},
{
"act_id": 11,
"details": "115364A. Whoever kidnaps or abducts any person under the age of ten, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with 116imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.",
"name": "Kidnapping or abducting a person under the age of ten",
"related_acts": "",
"section_id": 411
},
{
"act_id": 11,
"details": "364. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 117imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a)\tA kidnaps Z from Bangladesh, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b)\tA forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.",
"name": "Kidnapping or abducting in order to murder",
"related_acts": "",
"section_id": 412
},
{
"act_id": 11,
"details": "365. Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Kidnapping or abducting with intent secretly and wrongfully to confine person",
"related_acts": "",
"section_id": 413
},
{
"act_id": 11,
"details": "366. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.",
"name": "Kidnapping or abducting or inducing woman to compel her marriage, etc.",
"related_acts": "",
"section_id": 414
},
{
"act_id": 11,
"details": "118366A. Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.",
"name": "Procuration of minor girl",
"related_acts": "",
"section_id": 415
},
{
"act_id": 11,
"details": "366B. Whoever imports into Bangladesh from any country outside Bangladesh any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 119* * * shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.",
"name": "Importation of girl from foreign country",
"related_acts": "",
"section_id": 416
},
{
"act_id": 11,
"details": "367. Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.",
"related_acts": "",
"section_id": 417
},
{
"act_id": 11,
"details": "368. Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that for which he conceals or detains such person in confinement.",
"name": "Wrongfully concealing or keeping in confinement, kidnapped or abducted person",
"related_acts": "",
"section_id": 418
},
{
"act_id": 11,
"details": "369. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any moveable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Kidnapping or abducting child under ten years with intent to steal from its person",
"related_acts": "",
"section_id": 419
},
{
"act_id": 11,
"details": "370. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Buying or disposing of any person as a slave",
"related_acts": "",
"section_id": 420
},
{
"act_id": 11,
"details": "Buying or disposing of any person as a slave 371. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 120imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.",
"name": "Habitual dealing in slaves",
"related_acts": "",
"section_id": 421
},
{
"act_id": 11,
"details": "Habitual dealing in slaves 372. Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution of illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.\tSelling minor for purposes on prostitution, etc. Explanation I.- When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.- For the purposes of this section \"illicit intercourse\" means sexual intercourse between person not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.",
"name": "Selling minor for purposes of prostitution, etc.",
"related_acts": "",
"section_id": 422
},
{
"act_id": 11,
"details": "373. Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation I.-Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation II.-'Illicit intercourse' has the same meaning as in section 372.",
"name": "Buying minor for purposes of prostitution, etc.",
"related_acts": "",
"section_id": 423
},
{
"act_id": 11,
"details": "374. (1) Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Bangladesh shall be punished with imprisonment of either description for a term which may extend to one year. Explanation. In this section the expressions \"prisoner of war\" and \"protected person\" shall have the same meaning as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, 121* * *.",
"name": "Unlawful compulsory labour",
"related_acts": "",
"section_id": 424
},
{
"act_id": 11,
"details": "375. A man is said to commit \"rape\" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions: Firstly. Against her will. Secondly. Without her consent. Thirdly. With her consent, when her consent has been obtained by putting her in fear of death, or of hurt. Fourthly. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly. With or without her consent, when she is under fourteen years of age. Explanation. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception. Sexual intercourse by a man with his own wife, the wife not being under thirteen years of age, is not rape.",
"name": "Rape",
"related_acts": "",
"section_id": 425
},
{
"act_id": 11,
"details": "376. Whoever commits rape shall be punished with 122imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Punishment for rape",
"related_acts": "",
"section_id": 426
},
{
"act_id": 11,
"details": "377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 123imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.",
"name": "Unnatural offences",
"related_acts": "",
"section_id": 427
},
{
"act_id": 11,
"details": "378. Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. Explanation 1.-A thing so long as it is attached to the earth, not being moveable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2.-A moving effected by the same act which effects the severance may be a theft. Explanation 3.-A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4.-A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5.-The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Illustrations (a) A cuts down a tree on Z's ground, with the intention of dishonestly taking the tree out of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z's possession without Z's consent, A has committed theft as soon as Z's dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the high-road, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z's possession without Z's consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. (m) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's book. If this was A's impression, A has not committed theft. (n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z's wife is authorized to give away alms. If this was A's impression, A has not committed theft. (o) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's possession. Here, as A does not take dishonestly, he does not commit theft.",
"name": "Theft",
"related_acts": "",
"section_id": 428
},
{
"act_id": 11,
"details": "379. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for theft",
"related_acts": "",
"section_id": 429
},
{
"act_id": 11,
"details": "380. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or use for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Theft in dwelling-house, etc.",
"related_acts": "",
"section_id": 430
},
{
"act_id": 11,
"details": "381. Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Theft by clerk or servant of property in possession of master",
"related_acts": "",
"section_id": 431
},
{
"act_id": 11,
"details": "382. Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A commits theft on property in Z's possession; and, while committing this theft, he has a loaded pistol under his garment having provided this pistol for the purpose of hunting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.",
"name": "Theft after preparation made for causing death, hurt or restraint, in order to the committing of the theft",
"related_acts": "",
"section_id": 432
},
{
"act_id": 11,
"details": "383. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in 124fear to give donation or subscription of any kind or to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits \"extortion\". Illustrations (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z's child in wrongful confinement unless Z will sign and deliver to A a promissory note binding Z to pay certain money to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B and bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.",
"name": "Extortion",
"related_acts": "",
"section_id": 433
},
{
"act_id": 11,
"details": "384. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for extortion",
"related_acts": "",
"section_id": 434
},
{
"act_id": 11,
"details": "385. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to 125fourteen years and shall not be less than five years, or with fine, or with both.",
"name": "Putting person in fear of injury in order to commit extortion",
"related_acts": "",
"section_id": 435
},
{
"act_id": 11,
"details": "386. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Extortion by putting a person in fear of death or grievous hurt",
"related_acts": "",
"section_id": 436
},
{
"act_id": 11,
"details": "387. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment 126for life and shall not be less than seven years, and shall also be liable to fine.",
"name": "Putting person in fear of death or of grievous hurt, in order to commit extortion",
"related_acts": "",
"section_id": 437
},
{
"act_id": 11,
"details": "388. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 127imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with 128imprisonment for life.",
"name": "Extortion by threat of accusation of an offence punishable with death or imprisonment, etc.",
"related_acts": "",
"section_id": 438
},
{
"act_id": 11,
"details": "389. Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with 129imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with 130imprisonment for life.",
"name": "Putting person in fear of accusation of offence in order to commit extortion",
"related_acts": "",
"section_id": 439
},
{
"act_id": 11,
"details": "390. In all robbery there is either theft or extortion.",
"name": "Robbery",
"related_acts": "",
"section_id": 440
},
{
"act_id": 11,
"details": "Theft is \"robbery\" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.",
"name": "When theft is robbery",
"related_acts": "",
"section_id": 441
},
{
"act_id": 11,
"details": "Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, instant hurt, or of instant wrongful restraint to that person, or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.-The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high-road, shows a pistol, and demands Z's purse, Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z's child on the high-road. A takes the child, and threatens to fling it down a precipice, unless Z deliver his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying-\"Your child is in the hands of my gang, and will be put to death unless you send us ten thousand taka”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.",
"name": "When extortion is robbery",
"related_acts": "",
"section_id": 442
},
{
"act_id": 11,
"details": "391. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit \"dacoity\".",
"name": "Dacoity",
"related_acts": "",
"section_id": 443
},
{
"act_id": 11,
"details": "392. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.",
"name": "Punishment for robbery",
"related_acts": "",
"section_id": 444
},
{
"act_id": 11,
"details": "393. Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Attempt to commit robbery",
"related_acts": "",
"section_id": 445
},
{
"act_id": 11,
"details": "394. If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery shall be punished with 131imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Voluntarily causing hurt in committing robbery",
"related_acts": "",
"section_id": 446
},
{
"act_id": 11,
"details": "395. Whoever commits dacoity shall be punished with 132imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Punishment for dacoity",
"related_acts": "",
"section_id": 447
},
{
"act_id": 11,
"details": "396. If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 133imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Dacoity with murder",
"related_acts": "",
"section_id": 448
},
{
"act_id": 11,
"details": "397. If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.",
"name": "Robbery or dacoity, with attempt to cause death or grievous hurt",
"related_acts": "",
"section_id": 449
},
{
"act_id": 11,
"details": "398. If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.",
"name": "Attempt to commit robbery or dacoity when armed with deadly weapon",
"related_acts": "",
"section_id": 450
},
{
"act_id": 11,
"details": "399. Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Making preparation to commit dacoity",
"related_acts": "",
"section_id": 451
},
{
"act_id": 11,
"details": "400. Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with 134imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Punishment for belonging to gang of dacoits",
"related_acts": "",
"section_id": 452
},
{
"act_id": 11,
"details": "401. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Punishment for belonging to gang of thieves",
"related_acts": "",
"section_id": 453
},
{
"act_id": 11,
"details": "402. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Assembling for purpose of committing dacoity",
"related_acts": "",
"section_id": 454
},
{
"act_id": 11,
"details": "403. Whoever dishonestly misappropriates or converts to his own use any moveable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations (a) A takes property belonging to Z out of Z's possession in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent. Here, if A was under the impression that he had Z's implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being joint owners of a horse, A takes the horse out of B's possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1.-A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at future time to restore it to Z. A has committed an offence under this section. Explanation 2.-A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it, it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found. Illustrations (a) A finds a taka on the high-road, not knowing to whom the taka belongs. A picks up the taka. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person on whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.",
"name": "Dishonestly misappropriation of property",
"related_acts": "",
"section_id": 455
},
{
"act_id": 11,
"details": "404. Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person's decease and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in possession of furniture and money. His servant A, before the money comes into possession of any person entitled to such possession dishonestly misappropriates it. A has committed the offence defined in this section.",
"name": "Dishonestly misappropriation of property possessed by deceased person at the time of his death",
"related_acts": "",
"section_id": 456
},
{
"act_id": 11,
"details": "405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits \"criminal breach of trust\".\tIllustrations (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in Dhaka, is agent for Z, residing at 135Chittagong. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z's direction. Z remits a lakh of taka to A, with directions to A to invest the same in Company's paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.",
"name": "Criminal breach of trust",
"related_acts": "",
"section_id": 457
},
{
"act_id": 11,
"details": "406. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for criminal breach of trust",
"related_acts": "",
"section_id": 458
},
{
"act_id": 11,
"details": "407. Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Criminal breach of trust by carrier, etc.",
"related_acts": "",
"section_id": 459
},
{
"act_id": 11,
"details": "408. Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Criminal breach of trust by clerk or servant",
"related_acts": "",
"section_id": 460
},
{
"act_id": 11,
"details": "409. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 136imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Criminal breach of trust by public servant, or by banker, merchant or agent",
"related_acts": "",
"section_id": 461
},
{
"act_id": 11,
"details": "410. Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as \"stolen property,\" whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without Bangladesh. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.",
"name": "Stolen property",
"related_acts": "",
"section_id": 462
},
{
"act_id": 11,
"details": "411. Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Dishonestly receiving stolen property",
"related_acts": "",
"section_id": 463
},
{
"act_id": 11,
"details": "412. Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with 137imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Dishonestly receiving property stolen in the commission of a dacoity",
"related_acts": "",
"section_id": 464
},
{
"act_id": 11,
"details": "413. Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 138imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Habitually dealing in stolen property",
"related_acts": "",
"section_id": 465
},
{
"act_id": 11,
"details": "414. Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Assisting in concealment of stolen property",
"related_acts": "",
"section_id": 466
},
{
"act_id": 11,
"details": "415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to \"cheat\". Explanation.A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean, to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article, A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds articles which he knows are not diamonds intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intent to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receive the purchase or mortgage money from Z, A cheats.",
"name": "Cheating",
"related_acts": "",
"section_id": 467
},
{
"act_id": 11,
"details": "416. A person is said to \"cheat by personation\" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.-The offence is committed whether the individual personated is a real or imaginary person. Illustrations (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.",
"name": "Cheating by personation",
"related_acts": "",
"section_id": 468
},
{
"act_id": 11,
"details": "417. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Punishment for cheating",
"related_acts": "",
"section_id": 469
},
{
"act_id": 11,
"details": "418. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound either by law, or by legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect",
"related_acts": "",
"section_id": 470
},
{
"act_id": 11,
"details": "419. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for cheating by personation",
"related_acts": "",
"section_id": 471
},
{
"act_id": 11,
"details": "420. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable to being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Cheating and dishonestly inducing deliver of property",
"related_acts": "",
"section_id": 472
},
{
"act_id": 11,
"details": "421. Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors",
"related_acts": "",
"section_id": 473
},
{
"act_id": 11,
"details": "422. Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Dishonestly or fraudulently preventing debt being available for creditors",
"related_acts": "",
"section_id": 474
},
{
"act_id": 11,
"details": "423. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Dishonest or fraudulent execution of deed of transfer containing false statement of consideration",
"related_acts": "",
"section_id": 475
},
{
"act_id": 11,
"details": "424. Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Dishonest or fraudulent removal or concealment of property",
"related_acts": "",
"section_id": 476
},
{
"act_id": 11,
"details": "425. Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits \"mischief\". Explanation 1.-It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2.-Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A, causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop. A has committed mischief.",
"name": "Mischief",
"related_acts": "",
"section_id": 477
},
{
"act_id": 11,
"details": "426. Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.",
"name": "Punishment for mischief",
"related_acts": "",
"section_id": 478
},
{
"act_id": 11,
"details": "427. Whoever commits mischief and thereby causes loss or damage to the amount of fifty taka or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Mischief causing damage to the amount of fifty taka",
"related_acts": "",
"section_id": 479
},
{
"act_id": 11,
"details": "428. Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten taka or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Mischief by killing or maiming animal of the value of ten taka",
"related_acts": "",
"section_id": 480
},
{
"act_id": 11,
"details": "429. Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty taka or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.",
"name": "Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty taka",
"related_acts": "",
"section_id": 481
},
{
"act_id": 11,
"details": "430. Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.",
"name": "Mischief by injury to works of irrigation or by wrongfully diverting water",
"related_acts": "",
"section_id": 482
},
{
"act_id": 11,
"details": "431. Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.",
"name": "Mischief by injury to public road, bridge, river or channel",
"related_acts": "",
"section_id": 483
},
{
"act_id": 11,
"details": "432. Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.",
"name": "Mischief by causing inundation or obstruction to public drainage attended with damage",
"related_acts": "",
"section_id": 484
},
{
"act_id": 11,
"details": "433. Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Mischief by destroying, moving or rendering less useful a light-house or sea-mark",
"related_acts": "",
"section_id": 485
},
{
"act_id": 11,
"details": "434. Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Mischief of destroying or moving, etc., a land-mark fixed by public authority",
"related_acts": "",
"section_id": 486
},
{
"act_id": 11,
"details": "435. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred taka or upwards or (where the property is agricultural produce) ten taka or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.",
"name": "Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten taka",
"related_acts": "",
"section_id": 487
},
{
"act_id": 11,
"details": "436. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 139imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Mischief by fire or explosive substance with intent to destroy house, etc.",
"related_acts": "",
"section_id": 488
},
{
"act_id": 11,
"details": "437. Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden",
"related_acts": "",
"section_id": 489
},
{
"act_id": 11,
"details": "438. Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 140imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Punishment for the mischief described in section 437 committed by fire or explosive substance",
"related_acts": "",
"section_id": 490
},
{
"act_id": 11,
"details": "439. Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.",
"related_acts": "",
"section_id": 491
},
{
"act_id": 11,
"details": "440. Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.",
"name": "Mischief committed after preparation made for causing death or hurt",
"related_acts": "",
"section_id": 492
},
{
"act_id": 11,
"details": "441. Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit \"criminal trespass\".",
"name": "Criminal trespass",
"related_acts": "",
"section_id": 493
},
{
"act_id": 11,
"details": "442. Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit \"house-trespass\". Explanation.-The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass.",
"name": "House-trespass",
"related_acts": "",
"section_id": 494
},
{
"act_id": 11,
"details": "443. Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit \"lurking house-trespass\".",
"name": "Lurking house-trespass",
"related_acts": "",
"section_id": 495
},
{
"act_id": 11,
"details": "444.. Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit \"lurking house-trespass by night\".",
"name": "Lurking house trespass by night",
"related_acts": "",
"section_id": 496
},
{
"act_id": 11,
"details": "445. A person is said to commit “house-breaking\" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say: Firstly.-If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass. Secondly.-If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building. Thirdly.-If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened. Fourthly.-If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. Fifthly.-If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. Sixthly.-If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation.-Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations (a)\tA commits house-trespass by making a hole through the wall of Z's house, and putting his hand through the aperture. This is house-breaking. (b)\tA commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c)\tA commits house-trespass by entering Z's house through a window. This is house-breaking. (d)\tA commits house-trespass by entering Z's house through the door, having opened a door which was fastened. This is house-breaking. (e)\tA commits house-trespass by entering Z's house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (a)\tA finds the key of Z's house door, which Z had lost, and commits house-trespass by entering Z's house, having opened the door with that key. This is house-breaking. (b)\tZ is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house breaking. (h) Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.",
"name": "House-breaking",
"related_acts": "",
"section_id": 497
},
{
"act_id": 11,
"details": "446. Whoever commits house-breaking after sunset and before sunrise, is said to commit \"house-breaking by night\".",
"name": "House-breaking by night",
"related_acts": "",
"section_id": 498
},
{
"act_id": 11,
"details": "447. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Punishment for criminal trespass",
"related_acts": "",
"section_id": 499
},
{
"act_id": 11,
"details": "448. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka, or with both.",
"name": "Punishment for house-trespass",
"related_acts": "",
"section_id": 500
},
{
"act_id": 11,
"details": "449. Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine.",
"name": "House-trespass in order to commit offence punishable with death",
"related_acts": "",
"section_id": 501
},
{
"act_id": 11,
"details": "450. Whoever commits house-trespass in order to the committing of any offence punishable with 141imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.",
"name": "House-trespass in order to commit offence punishable with imprisonment for life",
"related_acts": "",
"section_id": 502
},
{
"act_id": 11,
"details": "451. Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.",
"name": "House-trespass in order to commit offence punishable with imprisonment",
"related_acts": "",
"section_id": 503
},
{
"act_id": 11,
"details": "452. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "House-trespass after preparation for hurt, assault or wrongful restraint",
"related_acts": "",
"section_id": 504
},
{
"act_id": 11,
"details": "453. Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.",
"name": "Punishment for lurking house-trespass or house-breaking",
"related_acts": "",
"section_id": 505
},
{
"act_id": 11,
"details": "454. Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.",
"name": "Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment",
"related_acts": "",
"section_id": 506
},
{
"act_id": 11,
"details": "455. Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint",
"related_acts": "",
"section_id": 507
},
{
"act_id": 11,
"details": "456. Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Punishment for lurking house-trespass or house-breaking by night",
"related_acts": "",
"section_id": 508
},
{
"act_id": 11,
"details": "457. Whoever commits lurking house-trespass by night, or house breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.",
"name": "Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment",
"related_acts": "",
"section_id": 509
},
{
"act_id": 11,
"details": "458. Whoever commits lurking house-trespass by night or house breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.",
"name": "Lurking house-trespass or house-breaking by night, after preparation for hurt, assault or wrongful restraint",
"related_acts": "",
"section_id": 510
},
{
"act_id": 11,
"details": "459. Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death of grievous hurt to any person, shall be punished with 142imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Grievous hurt caused whilst committing lurking house-trespass or house-breaking",
"related_acts": "",
"section_id": 511
},
{
"act_id": 11,
"details": "460. If, at the time of the committing of lurking house-trespass by night or house breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "All persons jointly concerned in lurking house-trespass or house breaking by night punishable where death or grievous hurt caused by one of them",
"related_acts": "",
"section_id": 512
},
{
"act_id": 11,
"details": "461. Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Dishonestly breaking open receptacle containing property",
"related_acts": "",
"section_id": 513
},
{
"act_id": 11,
"details": "462. Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Punishment for same offence when committed by person entrusted with custody",
"related_acts": "",
"section_id": 514
},
{
"act_id": 11,
"details": "462A. Whoever, being an officer or employee of a banking company, by his negligent conduct in dealing with a banking transaction allows any customer of the company or any other person to cause loss of property to the company shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. Explanation.-An officer or employee of a banking company shall be guilty or negligent conduct if in discharging his duties he fails, either wilfully or negligently, to follow any direction of law prescribing the mode in which such duties are to be discharged.",
"name": "Penalty for negligent conduct of bank officers and employees",
"related_acts": "",
"section_id": 515
},
{
"act_id": 11,
"details": "462B. Whoever fraudulently receives any benefit from a banking company in the course of any banking transaction shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. Explanation.-In section 462A and in this section “banking company” means (a)\tbanking company as defined in section 5(c) of the Banking Company Ordinance, 1962 (LVII of 1962); (a)\ta bank constituted under the Bangladesh Banks (Nationaliza-tion) Order, 1972 (P.O. No. 26 of 1972); (b)\ta financial institution as defined in section 50(c) of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); (c)\tBangladesh Shilpa Rin Sangstha established under the Bangladesh Shilpa Rin Sangstha Order, 1972 (P. O. No. 128 of 1972); (d)\tBangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972); (e)\tBangladesh House Building Finance Corporation established under the Bangladesh House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973); (g) Bangladesh Krishi Bank established under the Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973); (h) Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976); (i) Grameen Bank established under the Grameen Bank Ordinance, 1983 (XLVI of 1983); (j) \tRajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986); (k) \ta bank conducted in accordance with Islamic shariah.",
"name": "Penalty for defrauding banking company",
"related_acts": "415,416,417,454,518,651,702",
"section_id": 516
},
{
"act_id": 11,
"details": "463. Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intend to commit fraud or that fraud may be committed, commits forgery.",
"name": "Forgery",
"related_acts": "",
"section_id": 517
},
{
"act_id": 11,
"details": "464. A person is said to make a false document Firstly.-Who dishonesty or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or Secondly.-Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly.-Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him he does not know the contents of the document or the nature of the alteration. Illustrations (a) A has a letter of credit upon B for taka 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000 and makes the sum 1,00,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z's authority, affixes Z's seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand taka. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand taka for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand taka. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B's authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z's will contains these words- \"I direct that all my remaining property be equally divided between A, B and C.\" A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words \"pay to Z or his order\" and signing the endorsement. B dishonestly erases the words \"pay to Z or his order\" and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. (j) A writes a letter and signs it with B's name without B's authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B's authority writes a letter and signs it in B's name certifying to A's character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1.-A man's signature of his own name may amount to forgery. Illustrations (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word \"accepted\" on a piece of paper and signs it with Z's name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A's intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable, Here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2.- The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. Illustration A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.",
"name": "Making a false document",
"related_acts": "",
"section_id": 518
},
{
"act_id": 11,
"details": "465. Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Punishment for forgery",
"related_acts": "",
"section_id": 519
},
{
"act_id": 11,
"details": "466. Whoever forges a document, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Forgery of record of Court or of public register, etc.",
"related_acts": "",
"section_id": 520
},
{
"act_id": 11,
"details": "467. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any moveable property or valuable security, shall be punished with 143imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Forgery of valuable security, will, etc.",
"related_acts": "",
"section_id": 521
},
{
"act_id": 11,
"details": "468. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be to liable to fine.",
"name": "Forgery for purpose of cheating",
"related_acts": "",
"section_id": 522
},
{
"act_id": 11,
"details": "469. Whoever commits forgery, intending that the document forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Forgery for purpose of harming reputation",
"related_acts": "",
"section_id": 523
},
{
"act_id": 11,
"details": "470. A false document made wholly or in part by forgery is designated “a forged document\".",
"name": "Forged document",
"related_acts": "",
"section_id": 524
},
{
"act_id": 11,
"details": "471. Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.",
"name": "Using as genuine a forged document",
"related_acts": "",
"section_id": 525
},
{
"act_id": 11,
"details": "472. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punishable with 144imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467",
"related_acts": "",
"section_id": 526
},
{
"act_id": 11,
"details": "473. Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise",
"related_acts": "",
"section_id": 527
},
{
"act_id": 11,
"details": "474. Whoever has in his possession any document, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with 145imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine",
"related_acts": "",
"section_id": 528
},
{
"act_id": 11,
"details": "475. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material",
"related_acts": "",
"section_id": 529
},
{
"act_id": 11,
"details": "476. Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document other than the document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material",
"related_acts": "",
"section_id": 530
},
{
"act_id": 11,
"details": "477. Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secrets or attempts to secret any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect to such document, shall be punished with 146imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security",
"related_acts": "",
"section_id": 531
},
{
"act_id": 11,
"details": "147477A. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.-It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.",
"name": "Falsification of accounts",
"related_acts": "",
"section_id": 532
},
{
"act_id": 11,
"details": "478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark,\tand for the purposes of this Code the expression \"trade mark\" includes any trade mark which is registered in the register of trade marks kept under the Patents, Designs and Trade Marks Act, 1883, and any trade mark which, either with or without registration, is protected by law in any British possession or Foreign State to which the provisions of the one hundred and third section of the Patents, Designs and Trade Marks Act, 1883, are, under Order-in-Council, for the time being applicable.",
"name": "Trade mark",
"related_acts": "",
"section_id": 533
},
{
"act_id": 11,
"details": "479. A mark used for denoting that moveable property belongs to a particular person is called a property mark.",
"name": "Property mark",
"related_acts": "",
"section_id": 534
},
{
"act_id": 11,
"details": "480. Whoever marks any goods or any case, package or other receptacle containing goods, or uses any case, package or other receptacle with any mark thereon, in a manner reasonably calculated to cause it to be believed that the goods so marked, or any good contained in any such receptacle so marked, are the manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a false trade mark.",
"name": "Using a false trade mark",
"related_acts": "",
"section_id": 535
},
{
"act_id": 11,
"details": "481. Whoever marks any moveable property or goods or any case, package or other receptacle containing moveable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.",
"name": "Using a false property mark",
"related_acts": "",
"section_id": 536
},
{
"act_id": 11,
"details": "482. Whoever use any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Punishment for using a false trade mark or property mark",
"related_acts": "",
"section_id": 537
},
{
"act_id": 11,
"details": "483. Whoever counterfeits any trade mark or property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Counterfeiting a trade mark or property mark used by another",
"related_acts": "",
"section_id": 538
},
{
"act_id": 11,
"details": "484. Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.",
"name": "Counterfeiting a mark used by a public servant",
"related_acts": "",
"section_id": 539
},
{
"act_id": 11,
"details": "485. Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, or has in his possession a trade mark or property mark for the purpose of denoting that, any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, or that they belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Making or possession of any instrument for counterfeiting a trade mark or property mark",
"related_acts": "",
"section_id": 540
},
{
"act_id": 11,
"details": "486. Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or thing with a counterfeit trade mark or property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves (a)\tthat, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and (b)\tthat, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or (a)\t\tthat otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Selling goods marked with a counterfeit trade mark or property mark",
"related_acts": "",
"section_id": 541
},
{
"act_id": 11,
"details": "487. Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.",
"name": "Making a false mark upon any receptacle containing goods",
"related_acts": "",
"section_id": 542
},
{
"act_id": 11,
"details": "488. Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.",
"name": "Punishment for making use of any such false mark",
"related_acts": "",
"section_id": 543
},
{
"act_id": 11,
"details": "489. Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.",
"name": "Tampering with property mark with intent to cause injury",
"related_acts": "",
"section_id": 544
},
{
"act_id": 11,
"details": "148489A. Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with 149imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.For the purposes of this section and of sections 489B, 489C and 489D, the expression \"bank-note\" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or a substitute for, money.",
"name": "Counterfeiting currency-notes or bank-notes",
"related_acts": "",
"section_id": 545
},
{
"act_id": 11,
"details": "489B. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 150imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.",
"name": "Using as genuine a forged document",
"related_acts": "",
"section_id": 546
},
{
"act_id": 11,
"details": "489C. Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "Possession of forged or counterfeit currency-notes or bank-notes",
"related_acts": "",
"section_id": 547
},
{
"act_id": 11,
"details": "489D. Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with 151imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Making or possessing instrument or materials for forging or counterfeiting currency-notes or bank-notes",
"related_acts": "",
"section_id": 548
},
{
"act_id": 11,
"details": "152489E. Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred taka. (2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred taka. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that, that person caused the document to be made.",
"name": "Making or using documents resembling currency-notes or bank-notes",
"related_acts": "",
"section_id": 549
},
{
"act_id": 11,
"details": "490. Repealed by the Workmen's Breach of Contract (Repealing) Act, 1925 (Act No. III of 1925).",
"name": "Repealed",
"related_acts": "",
"section_id": 550
},
{
"act_id": 11,
"details": "491. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred taka, or with both.",
"name": "Breach of contract to attend on and supply wants of helpless person",
"related_acts": "",
"section_id": 551
},
{
"act_id": 11,
"details": "492. Repealed by the Workmen's Breach of Contract (Repealing) Act, 1925 (Act No. III of 1925).",
"name": "Repealed",
"related_acts": "",
"section_id": 552
},
{
"act_id": 11,
"details": "493. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Cohabitation caused by a man deceitfully inducing a belief of lawful marriage",
"related_acts": "",
"section_id": 553
},
{
"act_id": 11,
"details": "494. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.- This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.",
"name": "Marrying again during lifetime of husband or wife",
"related_acts": "",
"section_id": 554
},
{
"act_id": 11,
"details": "495. Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.",
"name": "Same offence with concealment of former marriage from person with whom subsequent marriage is contracted",
"related_acts": "",
"section_id": 555
},
{
"act_id": 11,
"details": "496. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Marriage ceremony fraudulently gone through without lawful marriage",
"related_acts": "",
"section_id": 556
},
{
"act_id": 11,
"details": "497. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of anather man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punished as an abettor.",
"name": "Adultery",
"related_acts": "",
"section_id": 557
},
{
"act_id": 11,
"details": "498. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Enticing or taking away or detaining with criminal intent a married woman",
"related_acts": "",
"section_id": 558
},
{
"act_id": 11,
"details": "First Exception.-It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.",
"name": "Imputation of truth which public good requires to be made or published",
"related_acts": "",
"section_id": 559
},
{
"act_id": 11,
"details": "499. Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or published any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation or such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.-It may amount to defamation to impute any thing to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.-An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of his caste or of his calling, or lowers the credit of that person, or causes it to be believe that body of that person is in a loathsome state, or in a state generally considered as disgraceful. Illustrations (a) A say's – “Z is an honest man; he never stole B's watch”; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions. (b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions. (c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.",
"name": "Defamation",
"related_acts": "",
"section_id": 560
},
{
"act_id": 11,
"details": "Second Exception.-It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.",
"name": "Public conduct of public servants",
"related_acts": "",
"section_id": 561
},
{
"act_id": 11,
"details": "Third Exception.-It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.",
"name": "Conduct of any person touching any public question",
"related_acts": "",
"section_id": 562
},
{
"act_id": 11,
"details": "Fourth Exception.-It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.-A Justice of the peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.",
"name": "Publication of reports of proceedings of Courts",
"related_acts": "",
"section_id": 563
},
{
"act_id": 11,
"details": "Eighth Exception.It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a child, to Z's father- A is within this exception.",
"name": "Accusation preferred in good faith to authorized person",
"related_acts": "",
"section_id": 564
},
{
"act_id": 11,
"details": "Tenth Exception.It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.",
"name": "Caution intended for good of person to whom conveyed or for public good",
"related_acts": "",
"section_id": 565
},
{
"act_id": 11,
"details": "Fifth Exception.-It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations (a) A says- \"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest.\" A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no further. (b) But if A says- \"I do not believe what Z asserted at that trial because I know him to be a man without veracity.\" A is not within this exception, inasmuch as the opinion which he expresses of Z's character, is an opinion not founded on Z's conduct as a witness.",
"name": "Merits of case decided in Court, or conduct of witnesses and others concerned",
"related_acts": "",
"section_id": 566
},
{
"act_id": 11,
"details": "Sixth Exception.-It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.-A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z- \"Z's book is foolish: Z must be a weak man. Z's book is indecent; Z must be a man of impure mind.\" A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further. (e) But if A says \"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine.\" A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.",
"name": "Merits of public performance",
"related_acts": "",
"section_id": 567
},
{
"act_id": 11,
"details": "Seventh Exception.-It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his order; a parent censuring in good faith a child in the presence of other children; a school master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier- are within this exception.",
"name": "Censure passed in good faith by person having lawful authority over another",
"related_acts": "",
"section_id": 568
},
{
"act_id": 11,
"details": "Ninth Exception.-It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his business-\"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.",
"name": "Imputation made in good faith by person for protection of his or other’s interests",
"related_acts": "",
"section_id": 569
},
{
"act_id": 11,
"details": "500. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Punishment for defamation",
"related_acts": "",
"section_id": 570
},
{
"act_id": 11,
"details": "501. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Printing or engraving matter known to be defamatory",
"related_acts": "",
"section_id": 571
},
{
"act_id": 11,
"details": "502. Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Sale of printed or engraved substance containing defamatory matter",
"related_acts": "",
"section_id": 572
},
{
"act_id": 11,
"details": "503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause to alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.",
"name": "Criminal intimidation",
"related_acts": "",
"section_id": 573
},
{
"act_id": 11,
"details": "504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.",
"name": "Intentional insult with intent to provoke breach of the peace",
"related_acts": "",
"section_id": 574
},
{
"act_id": 11,
"details": "505. Whoever makes, publishes or circulates any statement, rumour or report, (a)\twith intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of Bangladesh to mutiny or otherwise disregard or fail in his duty as such; or (b)\twith intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquility; or (c)\twith intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community 154; or (d) \twith intent to create or promote, or which is likely to create or promote, feelings of enmity, hatred or ill-will between different communities, classes or sections of people, shall be punished with imprisonment which may extend to 155seven years, or with fine, or with both. Exception.It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.",
"name": "Statements conducing to public mischief",
"related_acts": "",
"section_id": 575
},
{
"act_id": 11,
"details": "156505A. Whoever- (a)\tby words, either spoken or written, or by signs or by visible representation or otherwise does anything, or (b)\tmakes, publishes or circulates any statement, rumour or report, which is, or which is likely to be prejudicial to the interests of the security of Bangladesh or public order, or to the maintenance of friendly relations of Bangladesh with foreign states or to the maintenance of supplies and services essential to the community, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.",
"name": "Prejudicial act by words, etc.",
"related_acts": "",
"section_id": 576
},
{
"act_id": 11,
"details": "506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;",
"name": "Punishment for criminal intimidation",
"related_acts": "",
"section_id": 577
},
{
"act_id": 11,
"details": "and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 157imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.",
"name": "",
"related_acts": "",
"section_id": 578
},
{
"act_id": 11,
"details": "507. Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.",
"name": "Criminal intimidation by an anonymous communication",
"related_acts": "",
"section_id": 579
},
{
"act_id": 11,
"details": "508. Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Illustrations (a) A sits dhurna at Z's door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.",
"name": "Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure",
"related_acts": "",
"section_id": 580
},
{
"act_id": 11,
"details": "509. Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Word, gesture or act intended to insult the modesty of a woman",
"related_acts": "",
"section_id": 581
},
{
"act_id": 11,
"details": "510. Whoever, in a state of intoxication appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten taka, or with both.",
"name": "Misconduct in public by a drunken person",
"related_acts": "",
"section_id": 582
},
{
"act_id": 11,
"details": "511. Whoever attempts to commit an offence punishable by this Code with 158imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with 159imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z's pocket. A fails in the attempt in consequence of Z's having nothing in his pocket. A is guilty under this section.",
"name": "Punishment for attempting to commit offences punishable with imprisonment for life or imprisonment",
"related_acts": "",
"section_id": 583
}
],
"text": ""
} |
{
"id": 13,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the words “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the words “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Bengali” was substituted, for the word “English” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 Section 20A was inserted by the Bengal Public Gambling (Amendment) Act, 1913 (Act No. IV of 1913)."
],
"name": "The Stage-Carriages Act, 1861",
"num_of_sections": 26,
"published_date": "7th July, 1861",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 13,
"details": "1. Every carriage drawn by one or more horses which shall ordinarily be used for the purpose of conveying passengers for hire to or from any place in Bangladesh shall, without regard to the form or construction of such carriage, be deemed to be a stage-carriage within the meaning of this Act.",
"name": "Definition of stage-carriage",
"related_acts": "",
"section_id": 1
},
{
"act_id": 13,
"details": "2. No carriage shall be used as a stage-carriage unless licensed by a Magistrate.",
"name": "Carriages to be licensed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 13,
"details": "3. The Magistrate to whom the application for a license of stage-carriage is made may refuse to license the same if he shall be of opinion that such stage-carriage is unserviceable or is unsafe or unfit for public accommodation or use.",
"name": "Power to refuse license",
"related_acts": "",
"section_id": 3
},
{
"act_id": 13,
"details": "If a Magistrate as aforesaid shall grant a license, the license shall set forth the number thereof, the name and residence of the proprietor of the stage-carriage, the place at which his head office is held, the largest number of passengers and the greatest weight of luggage to be carried in or on such carriage, the number of horses by which such carriage is to be drawn, and the name of the place at which such carriage is licensed.",
"name": "Particulars of license",
"related_acts": "",
"section_id": 4
},
{
"act_id": 13,
"details": "4. For every such license there shall be paid by the proprietor of the stage-carriage the sum of five taka or such less sum as the Government may fix, and such license shall be in force for one year from the date thereof. When a licensed stage-carriage is transferred to a new proprietor within the year, the name of such new proprietor shall, on application to that effect, be substituted in the license for the name of the former proprietor without any further payment for that year; and every person who appears by the license to be the proprietor shall be deemed to be such proprietor for all the purposes of this Act.",
"name": "Charge for and duration of license",
"related_acts": "",
"section_id": 5
},
{
"act_id": 13,
"details": "5. On any stage-carriage being licensed the proprietor thereof shall cause the number of the license and all the other particulars of the license to be distinctly paint in the 3Bengali language and character upon a conspicuous part of such stage-carriage.",
"name": "Particulars to be painted on conspicuous part of carriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 13,
"details": "6. The proprietor of any licensed stage-carriage who shall let such stage-carriage for hire without the particulars specified in section 3 being painted on such carriage in the manner directed in the last preceding section shall be liable to a fine not exceeding one hundred taka.",
"name": "Penalty for letting carriage without having particulars painted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 13,
"details": "7. Whoever lets for hire any stage-carriage without the same being licensed as provided by this Act, shall be liable, on a first conviction, to a fine not exceeding one hundred taka, and on any subsequent conviction, to a fine which may extend to five hundred taka.",
"name": "Penalty for letting for hire unlicensed carriage",
"related_acts": "",
"section_id": 8
},
{
"act_id": 13,
"details": "8. Any proprietor, or agent of a proprietor, or any driver of a licensed stage-carriage, who knowingly permits such carriage to be drawn by a less number of horses, or who knowingly permits a larger number of passengers, or a greater weight of luggage, to be carried by such stage-carriage than shall be provided by the license, shall be liable on a first conviction to a fine not exceeding one hundred taka and on any subsequent conviction, to a fine which may extend to five hundred taka. In every case where such stage-carriage shall be proved to have been drawn by a less number of horses, or to have carried a larger number of passengers or a greater weight of luggage, than shall be provided by the license, the proprietor of such carriage shall be held to have knowingly permitted such offence, unless he shall prove that the offence was not committed with his connivance, and that he had taken every reasonable precaution and had made reasonable provision to prevent the commission of the offence.",
"name": "Penalty for allowing carriage to be drawn by fewer animals or more passengers, etc., to be carried than provided by license",
"related_acts": "",
"section_id": 9
},
{
"act_id": 13,
"details": "9. Any person who shall cruelly beat, ill-treat, over-drive, abuse, torture or cause or procure to be cruelly beaten, ill-treated, over-driven, abused or tortured, any horse employed in drawing or harnessed to any stage-carriage, or who shall harness to or drive in any stage-carriage any horse which from sickness, age, wounds or other cause is unfit to be driven in such stage-carriage, shall for every such offence be liable to a fine not exceeding one hundred taka.",
"name": "Penalty for ill-treating animals",
"related_acts": "",
"section_id": 10
},
{
"act_id": 13,
"details": "10. Any Magistrate within the local limits of whose jurisdiction any stage-carriage shall ply, or who has granted the license of any stage-carriage may cancel the license of such stage-carriage if it shall appear to him that such stage-carriage or any horse or any harness used with such carriage is unserviceable or unsafe or otherwise unfit for public accommodation or use.",
"name": "Revocation of license",
"related_acts": "",
"section_id": 11
},
{
"act_id": 13,
"details": "11. In any station or place in which a Magistrate shall reside and be, any police-officer may, in any place within two miles of the office of such Magistrate, seize any stage-carriage with the horse harnessed thereto, if the full particulars of the license of such stage-carriage be not distinctly painted on such stage-carriage in the manner provided in section 5 of this Act. Such carriage with the horse harnessed thereto shall be taken without delay by such police-officer before such Magistrate, who shall forthwith proceed to hear and determine the complaint of such police-officer; and, if thereupon any fine is imposed by such Magistrate and such fine is paid, such stage- carriage and horse shall be immediately released; and if such fine be not paid, such stage-carriage and horse may be detained for twenty days as security for the payment thereof; and if the fine be not sooner paid, they may be sold and the proceeds applied (so far as they extend) to the payment of the said fine, and all costs and charges incurred on account of the detention and sale; and the surplus (if any),when claimed, shall be paid to the proprietor of such carriage and horse; and if such surplus be not claimed within a further period of two months from such sale, the same shall be forfeited to the State. If the proceeds of such sale do not fully pay the fine and costs and charges aforesaid, the balance may be recovered as hereinafter provided.",
"name": "Penalty for not conforming to provisions of section 5",
"related_acts": "",
"section_id": 12
},
{
"act_id": 13,
"details": "12. If any driver of any stage-carriage, or any other person having the care thereof, shall, through intoxication, neglect or by wanton or furious driving or by any other misconduct, endanger the safety of any passenger or other person, or shall injure or endanger the property of the proprietor of such stage-carriage or of any other person, every such person so offending shall be liable to a fine not exceeding one hundred taka.",
"name": "Penalty for misconduct on part of drivers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 13,
"details": "13. Whenever the driver of any stage-carriage of the owner of any horse employed in drawing any stage-carriage shall have committed any offence against this Act for the commission where of any penalty is by this Act imposed, other than an offence specified in section 8, and such driver or owner shall not be known, or being known can not be found, or if the penalty cannot be recovered from such driver or owner, the proprietor of such carriage shall be liable to every such penalty as if he had been the driver of such carriage or owner of such horse at the time when such offence was committed: Provided that if any such proprietor shall make out, to the satisfaction of the Magistrate before whom any complaint or information shall be heard, by sufficient evidence, that the offence was committed by such driver or owner without the privity or knowledge of such proprietor, and that no profit, advantage or benefit, either directly or indirectly, has accrued or can accrue to such proprietor therefrom, and that he has used his endeavour to find out such driver or owner, and has done all that was in his power to recover the amount of the penalty from him, the Magistrate may discharge the proprietor from such penalty, and shall levy the same upon such driver or owner when found.",
"name": "Penalty when recoverable from proprietor\t\t14.\tIssue of summons",
"related_acts": "",
"section_id": 14
},
{
"act_id": 13,
"details": "14. Whenever any charge is made before any Magistrate of any offence under this Act on which it is necessary to issue a summons to the proprietor of a stage-carriage, the Magistrate shall issue such summons directed to such proprietor or his nearest agent, and may transmit such summons by letter-post, which shall be deemed to be good service thereof. The letter shall be registered at the post-office, and the cost of the registration shall be borne by the Government in the first instance, but may be charged as costs in the case. The summons shall allow a reasonable time, in reference to the distance to which the summons is sent, for the appearance of such proprietor or his agent as aforesaid.",
"name": "Issue of summons",
"related_acts": "",
"section_id": 15
},
{
"act_id": 13,
"details": "15. All penalties incurred under this Act shall be adjudged by a Magistrate as aforesaid, and all orders made under this Act by such Magistrate shall be final.",
"name": "Adjudication of penalties",
"related_acts": "",
"section_id": 16
},
{
"act_id": 13,
"details": "16. All penalties imposed under this Act, or any balance of any fine, costs or charges as mentioned in section 11 of this Act, may in case of non-payment or non-recovery thereof be levied by distress and sale of the moveable property of the offender by warrant under the hand of the Magistrate who imposed the same.",
"name": "Recovery of penalties, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 13,
"details": "17. In case any such penalties shall not be forthwith paid, such Magistrate may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such Magistrate for his appearance at such place and time as shall be appointed for the return of the warrant of distress.",
"name": "Offender may be apprehended and detained in custody until return of warrant of distress",
"related_acts": "",
"section_id": 18
},
{
"act_id": 13,
"details": "18. If upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such penalty, and same shall not be forthwith paid, or in case it shall appear to the satisfaction of such Magistrate by the confession of the offender or otherwise that he has not sufficient goods and chattels whereupon such penalty could be levied if warrant of distress were issued, such Magistrate may, by warrant under his hand, commit the offender, to prison, there to be imprisoned, according to the discretion of such officer, for any term not exceeding two calendar months when the amount of penalty shall not exceed fifty taka, and for any term not exceeding four calendar months when the amount shall not exceed one hundred taka, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount.",
"name": "Imprisonment of offender if distress not sufficient",
"related_acts": "",
"section_id": 19
},
{
"act_id": 13,
"details": "19. Omitted by the Central Laws (Adaptation) Order, 1961.",
"name": "Omitted",
"related_acts": "",
"section_id": 20
},
{
"act_id": 13,
"details": "20. On complaint made before any Magistrate of any offence committed under this Act, it shall not be necessary to prove that the offence was committed within the local limits of such Magistrate or other officer.",
"name": "Jurisdiction",
"related_acts": "",
"section_id": 21
},
{
"act_id": 13,
"details": "420A. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes and objects of this Act in the territories under its administration or any part of the said territories. (2) In particular and without prejudice to the generality of the foregoing power, such rules may (a) prescribe forms for licenses under this Act, the sums payable for the same and the conditions on which they may be granted, and the cases in which they may be revoked; (b) provide for the inspection of stage-carriages, and of the animals employed in drawing them; and (c) regulate the number and length of the stages for which animals may be driven in stage-carriages and the manner in which they shall be harnessed and yoked. (3) In making any rule under this section, the Government may direct that a breach thereof shall be punishable with fine which may extend to one hundred taka.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 22
},
{
"act_id": 13,
"details": "21. The term \"Magistrate\" in this Act shall include all Magistrates and other persons exercising the powers of a Magistrate:",
"name": "Interpretation-clause\t\t“Magistrate”",
"related_acts": "",
"section_id": 23
},
{
"act_id": 13,
"details": "All expressions and provisions which in this Act are applied to horses shall also apply to all other animals employed in drawing any carriage ordinarily used for the purpose of conveying passengers for hire to or from any place in Bangladesh.",
"name": "Act applicable to all animals used for drawing carriages",
"related_acts": "",
"section_id": 24
},
{
"act_id": 13,
"details": "22. This Act, as amended by subsequent Acts, extends to the whole of Bangladesh; but it shall not apply to carriages ordinarily paying for hire within the limits of any municipality or cantonment or other place in which any law for the regulation of carriages is for the time being in force.",
"name": "Extent of Act",
"related_acts": "",
"section_id": 25
},
{
"act_id": 13,
"details": "23. The Government may, by notifications in the official Gazette, exempt any carriages or class of carriages from all or any of the provisions of this Act.",
"name": "Power to Government to exempt",
"related_acts": "",
"section_id": 26
}
],
"text": "2♣An Act for licensing and regulating Stage-Carriages Preamble WHEREAS it is expedient to license and to regulate stage-carriages in Bangladesh; It is enacted as follows:-"
} |
{
"id": 14,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Government” and “taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word “Urdu” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word “Urdu” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Canals Act, 1864",
"num_of_sections": 25,
"published_date": "8th June, 1864",
"related_act": [
430,
14
],
"repelled": false,
"sections": [
{
"act_id": 14,
"details": "1. The following words shall have the several meanings hereby assigned to them, unless where a contrary intention shall appear from the context, that is to say:-",
"name": "Interpretation",
"related_acts": "",
"section_id": 1
},
{
"act_id": 14,
"details": "the word \"vessel\" shall include any ship, barge, boat, raft, timber, bamboos or floating materials, propelled in any manner:",
"name": "Vessel",
"related_acts": "",
"section_id": 2
},
{
"act_id": 14,
"details": "the words \"line of navigation\" shall mean any navigable channel subject to the provisions of this Act:",
"name": "Line of navigation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 14,
"details": "the word \"channel\" shall include any river, canal, khal, nala or waterway, whether natural or artificial:",
"name": "Channel",
"related_acts": "",
"section_id": 4
},
{
"act_id": 14,
"details": "the word \"person\" shall include any company, association or body of persons, whether incorporated or not.",
"name": "Person",
"related_acts": "",
"section_id": 5
},
{
"act_id": 14,
"details": "2. It shall be lawful for the Government from time to time, by notification to that effect published in the official Gazette, to declare that the provisions of this Act shall apply to any navigable channel specified in such notification; and from and after such publication the provisions of this Act shall apply to, and be in force as regards, such navigable channel.",
"name": "What navigable channels may be rendered subject to provisions of Act",
"related_acts": "",
"section_id": 6
},
{
"act_id": 14,
"details": "3. It shall be lawful for the Government from time to time, to authorize any person to make and open any navigable channel, or to clear and deepen any navigable channel, and to stop any watercourse, or make any tracking path, or do any other act necessary for the making or improvement of any such channel; and any navigable channel made under this section shall be rendered subject to the provisions of this Act in the manner prescribed in the last preceding section.",
"name": "By whom navigable channels may be made",
"related_acts": "",
"section_id": 7
},
{
"act_id": 14,
"details": "The Government may take possession, as for a public purpose, of any land that may be necessary for the execution of any of the above-mentioned works, under the provisions of any Act in force for the taking possession of land for public purposes.",
"name": "Mode of obtaining land for the purpose",
"related_acts": "",
"section_id": 8
},
{
"act_id": 14,
"details": "4. No action or suit shall be brought against the Government in respect of any injury or damage caused by, or resulting from, any act done under the last preceding section.",
"name": "Bar of suit against Government",
"related_acts": "",
"section_id": 9
},
{
"act_id": 14,
"details": "5. Tolls, at such rate as shall be fixed in manner hereinafter mentioned, shall be paid in respect of all vessels entering upon, or passing along, any of the lines of navigation subject to the provisions of this Act: Provided that such tolls shall be payable only so long as such line of navigation shall be opend.",
"name": "Tolls to be paid on lines of navigation subject to Act",
"related_acts": "",
"section_id": 10
},
{
"act_id": 14,
"details": "6. The Government may fix, and from time to time alter, the rates at which such tolls shall be levied: Provided that no toll shall be levied, and no alteration of any rate of toll shall have effect, until notice shall have been published in the official Gazette, for such period as the Government may fix, of the intention to levy or alter such tolls, and of the rate or place at which such toll is to be levied.",
"name": "Government may fix and alter rates of tolls",
"related_acts": "",
"section_id": 11
},
{
"act_id": 14,
"details": "7. Notification of the rates of toll and of the places of collection shall be at all times exhibited to public view at every toll-house where toll is levied under this Act, in the English, 2* * * and Bengali languages.",
"name": "Publication of rates of toll at every toll-house",
"related_acts": "",
"section_id": 12
},
{
"act_id": 14,
"details": "8. The Government shall appoint such person as it may think fit to collect tolls under this Act, and it shall be lawful for any person, so appointed to farm the collection of tolls to any other person, with the sanction of the Government or to employ any other person in such collection. The person to whom the collection of tolls may be farmed out, or who may be employed in the collection of them, shall have power to collect and be authorized to receive them, in the like manner as any person appointed as aforesaid.",
"name": "Government to appoint persons to collect tolls, who may farm collection",
"related_acts": "",
"section_id": 13
},
{
"act_id": 14,
"details": "9. If any toll due under the provisions of this Act in respect of any vessel shall not be paid on demand to the person authorized to collect the same, it shall be lawful for such person to seize such vessel, and any furniture thereof, and to detain the same; and such person shall, within twenty-four hours of such seizure and detention, report the same to the nearest Collector or Deputy Collector of the district in which the seizure has been made, or other public officer duly authorized by Government in that behalf; and on receipt of this report the Collector, Deputy Collector or other officer as aforesaid shall publish a notice appointing a day for the sale of the said vessel and any furniture thereof. The sale shall be held at some period not less than fifteen days from the date of the publication of notice of sale; and if the toll and also any expenses occasioned by non-payment be not paid, or sufficient cause for non-payment be not shown at or before the time of sale to the Collector, Deputy Collector or other officer as aforesaid, such officer shall sell the vessel and furniture seized, or so much thereof as may be necessary to pay the toll and also any expenses occasioned by non-payment. So much of the property seized as may not have been sold, and so much of the sale-proceeds as may be in excess of the sum necessary for satisfying the toll and for defraying the expenses occasioned by non-payment, shall be returned to the person in charge of the vessel.",
"name": "Payment of tolls how enforced",
"related_acts": "",
"section_id": 14
},
{
"act_id": 14,
"details": "10. Any person who shall refuse or evade, or attempt to evade, any toll due under this Act shall be punished, on conviction before a Magistrate, with a fine which may extend to fifty taka, or with simple imprisonment in lieu of fine which may extend to one month.",
"name": "Penalty for evasion of toll",
"related_acts": "",
"section_id": 15
},
{
"act_id": 14,
"details": "11. It shall be lawful for the Government from time to time to make rules not repugnant to any law in force, and to repeal, alter and amend the same, for the management of any line of navigation subject to this Act, and for regulating the conduct of persons employed for any of the purposes of this Act; and the Government may affix fines as penalties for the infringement of such rules not exceeding fifty taka for any one infringement, or five taka a day for any continuing infringement. Such rules may contain directions for any of the following amongst other matters: for determining the tonnage of vessels and their measurement; for fixing the number and the width of vessels to be allowed to pass into, or out of, or through, any line of navigation at one time or abreast; for determining the length of time during which vessels may remain stationary on any line of navigation and the amount of demurrage to be paid by vessels remaining stationary beyond such time; for regulating the mode in which and the places at which tolls are to be levied under this Act; for the removal of sunken vessels and obstructions; and for the storing and disposal of the cargo of vessels seized under this Act.",
"name": "Rules relating to lines of navigation",
"related_acts": "",
"section_id": 16
},
{
"act_id": 14,
"details": "12. Rules shall not be passed until the same shall have been published in the official Gazette for a period of six weeks, and after that time the rules shall be published as passed, with such alteration (if any) as to the Government shall seem fit. The rules so published as passed shall not have effect until the expiration of two weeks after such last publication; and all rules so published shall, until the same be repealed or altered, be of like effect as if they were inserted in this Act. Copies of all rules, in the English, 3* * * and Bengali languages, shall be exhibited to public view at every place where toll is collected.",
"name": "Publication of such rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 14,
"details": "13. It shall be lawful for the Government to appoint any person to be the supervisor of any line of navigation subject to the provisions of this Act; and such person shall be empowered to cut down and remove any tree which may have fallen or may be likely to fall into such line of navigation, and to remove any sunken vessel, and to prevent or remove any other nuisance or obstruction to navigation, of whatever description, whenever he may think it necessary.",
"name": "Appointment of supervisor with power to remove obstruction",
"related_acts": "",
"section_id": 18
},
{
"act_id": 14,
"details": "14. Whenever such supervisor shall consider that the cutting down and removal of any tree or the removal of any other obstruction is necessary he may in cases of emergency at once remove the same, and may for that purpose enter on any private property. In cases not of an emergent nature, he shall serve a notice in writing on the owner or occupier of such private property, directing him to remove the same within a reasonable time. If the owner or occupier cannot be found, notice may be served by notification to be affixed in some conspicuous place in the nearest village. If the owner or occupier shall not remove the obstruction within the time given in the notice, the supervisor may proceed to remove it himself and may for that purpose enter on any private property. Payment of all expenses of such removal may be enforced by the sale of the thing removed in the manner provided for the recovery of tolls in section 9 of this Act.",
"name": "Mode of exercising such power",
"related_acts": "",
"section_id": 19
},
{
"act_id": 14,
"details": "15. Whenever in the opinion of such supervisor the construction of any bandel or other contrivance for fishing, or for any other purpose, in any line of navigation is likely to cause obstruction to the free and safe transit of such line of navigation, he may, by a notice in writing to be served on the owner or person in charge of such bandel or other contrivance, or (if such owner or other person cannot be found) to be affixed at some conspicuous place in the nearest village, forbid the construction of such bandel or other contrivance.",
"name": "Supervisor may forbid construction of bandels, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 14,
"details": "16. Any person who shall wilfully cause or shall aid in causing any obstruction to any line of navigation, or any damage to the banks or works of such line of navigation, or who shall wilfully omit to remove such obstruction after being lawfully required so to do, shall be punished on conviction before a Magistrate with simple imprisonment which may be extend to one month, or with fine which may extend to fifty taka, or with both, and shall also be liable to pay such fine as may be sufficient to meet all reasonable expenses incurred in abating or removing such obstruction, or in repairing such damage.",
"name": "Penalty for causing obstruction to line of navigation",
"related_acts": "",
"section_id": 21
},
{
"act_id": 14,
"details": "17. Repealed by the Amending Act, 1903 (Act No. I of 1903).",
"name": "Repealed",
"related_acts": "",
"section_id": 22
},
{
"act_id": 14,
"details": "18. If any person shall be guilty of an offence against the provisions of this Act on any line of navigation subject to this Act, such offence shall be punishable by any Magistrate having jurisdiction over any district or place adjoining such line of navigation, or adjoining either side of that part of the line of navigation in which such offence shall be committed; and, such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner, and to the same extent, as if such offence had been committed locally within the limits of his jurisdiction, notwithstanding the offence may not have been committed locally within such limits; and, in case any such Magistrate shall exercise the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.",
"name": "Offences by whom punishable",
"related_acts": "",
"section_id": 23
},
{
"act_id": 14,
"details": "19. Repealed by the Repealing Act, 1873 (Act No. XII of 1873).",
"name": "Repealed",
"related_acts": "",
"section_id": 24
},
{
"act_id": 14,
"details": "20. This Act may be cited as the Canals Act, 1864.",
"name": "Short title",
"related_acts": "14",
"section_id": 25
}
],
"text": "♣An Act to amend and consolidate the law relating to the collection of tolls on canals and other lines of navigation, and for the construction and improvement of lines of navigation in Bangladesh Preamble WHEREAS it is expedient to amend and consolidate the law relating to the collection of tolls on canals and lines of navigation and to authorize the collection of tolls on such other lines of navigation as may hereafter be rendered subject to the provisions to this Act, and to provide for the construction and improvement of lines of navigation; It is enacted as follows:-"
} |
{
"id": 15,
"lower_text": [
"1 The word “taka” was substituted, for the word “rupees” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words, comma, figures and brackets “the Land Acquisition Act, 1894 (Act No. 1 of 1894)” were substituted, for the words and figure “Act XXII of 1863” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words, comma, figures and brackets “the Land Acquisition Act, 1894 (Act No. 1 of 1894)” were substituted, for the words and figure “Act XXII of 1863” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word “Province” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Carriers Act, 1865",
"num_of_sections": 13,
"published_date": "14th February, 1865",
"related_act": [
430,
15
],
"repelled": false,
"sections": [
{
"act_id": 15,
"details": "1. This Act may be cited as the Carriers Act, 1865.",
"name": "Short title",
"related_acts": "15",
"section_id": 1
},
{
"act_id": 15,
"details": "2. In this Act, unless be there something repugnant in the subject or context",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 2
},
{
"act_id": 15,
"details": "\"common carrier\" denotes a person, other than the Government, engaged in the business of transporting for hire property from place to place, by land or inland navigation, for all persons indiscriminately.",
"name": "“common carrier\"",
"related_acts": "",
"section_id": 3
},
{
"act_id": 15,
"details": "\"person\" includes any association or body of persons, whether incorporated or not.",
"name": "\"Person\"",
"related_acts": "",
"section_id": 4
},
{
"act_id": 15,
"details": "3. No common carrier shall be liable for the loss of or damage to property delivered to him to be carried exceeding in value one hundred 1taka and of the description contain in the Schedule to this Act, unless the person delivering such property to be carried, or some person duly authorized in that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.",
"name": "Carriers not to be liable for loss of certain goods above one hundred taka in value, unless delivered as such",
"related_acts": "",
"section_id": 5
},
{
"act_id": 15,
"details": "4. Every such carrier may require payment for the risk undertaken in carrying property exceeding in value one hundred taka and of the description aforesaid, at such rate of charge as he may fix: Provided that, to entitle such carrier to payment at a rate higher than his ordinary rate of charge, he shall have caused to be exhibited in the place where he carries on the business of receiving property to be carried, notice of the higher rate of charge required, printed or written in English and in the vernacular language of the country wherein he carries on such business.",
"name": "For carrying such property payment may be required at rates fixed by carrier",
"related_acts": "",
"section_id": 6
},
{
"act_id": 15,
"details": "5. In case of the loss or damage to property exceeding in value one hundred taka and of the description aforesaid, delivered to such carrier to be carried, when the value and description thereof shall have been declared and payment shall have been required in manner provided for by this Act, the person entitled to recover in respect of such loss or damage shall also be entitled to recover any money actually paid to such carrier in consideration of such risk as aforesaid.",
"name": "The person entitled to recover in respect of property lost or damaged may also recover money paid for its carriage",
"related_acts": "",
"section_id": 7
},
{
"act_id": 15,
"details": "6. The liability of any common carrier for the loss of or damage to any property delivered to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any public notice; but any such carrier, not being the owner of a railroad or tramroad constructed under the provisions of 2the Land Acquisition Act, 1894 (Act No. 1 of 1894) (to provide for taking land for works of public utility to be constructed by private persons or Companies, and for regulating the construction and use of works on land so taken) may, by special contract, signed by the owner of such property so delivered as last aforesaid or by some person duly authorized in that behalf by such owner, limit his liability in respect of the same.",
"name": "In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exceptions, may limit liability by special contract",
"related_acts": "",
"section_id": 8
},
{
"act_id": 15,
"details": "7. The liability of the owner of any railroad or tram road constructed under the provisions of the said 3the Land Acquisition Act, 1894 (Act 1 of 1894) for loss of or damage to any property delivered to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any special contract; but the owner of such railroad or tram road shall be liable for the loss of or damage to property delivered to him to be carried only when such loss or damage shall have been caused by negligence or a criminal act on his part or on that of his agents or servants.",
"name": "Liability of owner of railroad or tram road constructed under Act XXII of 1863, not limited by special contract in what case owner of railroad or tram road answerable for loss or damage",
"related_acts": "",
"section_id": 9
},
{
"act_id": 15,
"details": "8. Notwithstanding anything hereinbefore contained, every common carrier shall be liable to the owner for loss of or damage to any property delivered to such carrier to be carried where such loss or damage shall have arisen from the criminal act of the carrier or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the declaration required by that section has not been made, where such loss or damage has arisen from the negligence of the carrier or any of his agents or servants.",
"name": "Common carrier liable for loss or damage caused by neglect or fraud of himself or his agent",
"related_acts": "",
"section_id": 10
},
{
"act_id": 15,
"details": "9. In any suit brought against a common carrier for the loss, damage or non-delivery of goods entrusted to him for carriage, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was owing to the negligence or criminal act of the carrier, his servants or agents.",
"name": "Plaintiffs, in suits for loss, damage, or non-delivery, not required to prove negligence or criminal act",
"related_acts": "",
"section_id": 11
},
{
"act_id": 15,
"details": "10. No suit shall be instituted against a common carrier for the loss of, or injury to, goods entrusted to him for carriage, unless notice in writing of the loss or injury has been given to him before the institution of the suit and within six months of the time when the loss or injury first came to the knowledge of the plaintiff.",
"name": "Notice of loss or injury to be given within six months",
"related_acts": "",
"section_id": 12
},
{
"act_id": 15,
"details": "11. The 4* * * Government may, by notification in the official Gazette, add to the list of articles contained in the Schedule to this Act, and the Schedule shall, on the issue of any such notification, be deemed to have been amended accordingly.",
"name": "Power to Government to add to the Schedule",
"related_acts": "",
"section_id": 13
}
],
"text": "An Act relating to the rights and liabilities of Common Carriers. Preamble WHEREAS it is expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents; It is enacted as follows:-"
} |
{
"id": 16,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “East Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Section 1 was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words “except the Dhaka Metropolitan Area” were added by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).",
"4 The words “a Metropolitan Area” were substituted, for the words “the Dhaka Metropolitan Area” by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978).",
"5 Section 1 was re-numbered as section 1A by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"7 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 Section 11A was inserted by the Bengal Public Gambling (Amendment) Act, 1913 (Act No. IV of 1913).",
"10 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Public Gambling Act, 1867",
"num_of_sections": 19,
"published_date": "10th April, 1867",
"related_act": [
578,
75,
430,
16,
123
],
"repelled": false,
"sections": [
{
"act_id": 16,
"details": "21. This Act may be called the Public Gambling Act, 1867 and shall extend to the whole of Bangladesh 3except 4a Metropolitan Area.",
"name": "Short title and extent",
"related_acts": "16",
"section_id": 1
},
{
"act_id": 16,
"details": "51A. \"gaming\" includes wagering or betting except wagering or betting upon a horse-race, when such wagering or betting takes place- (a) \ton the day of which such race is to be run, (b) \tin an enclosure which the Stewards controlling such race have, with the sanction of the Government, set apart for the purpose, and (c) \t(i) with a licensed bookmaker, or (ii) by means of a totalisator as defined in section 14 of the 6* * * Amusements Tax Act, 1922 but does not include a lottery. \"instruments of gaming\" includes any article used as a means or appurtenance of, or for the purpose of carrying on or facilitating, gaming; and \"common gaming-house\" means any house, room, tent, or walled enclosure, or space, or vehicle, or any place whatsoever, in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, space, vehicle or place, whether by way of charge for the use of such house, room, tent, enclosure, space, vehicle, place or instruments or otherwise howsoever.",
"name": "Definitions",
"related_acts": "123",
"section_id": 2
},
{
"act_id": 16,
"details": "2. It shall be competent to the Government whenever it may think fit, to extend, by notification to be published in the official Gazette, all or any of the sections of this Act to any city, town, or place in Bangladesh, and in such notification to define, for the purposes of this Act, the limits of such city, town or place, and from time to time to alter the limits so defined.",
"name": "Power to extend Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 16,
"details": "3. Whoever, being the owner or occupier, or having the use, of any house, tent, room, space or walled enclosure, situate within the limits to which this Act applies, opens, keeps or uses the same as a common gaming-house; and whoever, being the owner or occupier of any such house, tent, room, space or walled enclosure as aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept by any other person as a common gaming-house; and whoever has the care or management of, or in any manner assists in conducting, the business of any house, tent, room, space or walled enclosure as aforesaid, opened, occupied, used or kept for the purpose aforesaid; and whoever advances or furnishes money for the purpose of gaming with persons frequenting such house, tent, room, space or walled enclosure, shall be liable, on conviction before any Magistrate to a fine not exceeding two hundred taka, or to imprisonment of either description, as defined in the 7Penal Code for any term not exceeding three months.",
"name": "Penalty for owning or keeping, or having charge of common gaming-house",
"related_acts": "",
"section_id": 4
},
{
"act_id": 16,
"details": "4. Whoever is found in any such house, tent, room, space, or walled enclosure, playing or gaming with cards, dice, counters, money or other instruments of gaming, or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable, on conviction before any Magistrate, to a fine not exceeding one hundred taka or to imprisonment of either description, as defined in the 8Penal Code, for any term not exceeding one month; and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming.",
"name": "Penalty for being found in common gaming-house",
"related_acts": "",
"section_id": 5
},
{
"act_id": 16,
"details": "5. If the Magistrate of a district or other officer invested with the full powers of a Magistrate or the District Superintendent of Police, upon credible information, and after such inquiry as he may think necessary, has reason to believe that any house, tent, room, space or walled enclosure is used as a common gaming-house, he may either himself enter, or by his warrant authorize any officer of police, not below such rank as the Government shall appoint in this behalf, to enter, with such assistance as may be found necessary, by night or by day, and by force if necessary, any such house, tent, room, space or walled enclosure, and may either himself take into custody, or authorize such officer to take into custody, all persons whom he or such officer finds therein, whether or not such person may be then actually gaming; and may seize or authorize such officer to seize all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein; and may search or authorize such officer to search all parts of the house, tent, room, space or walled enclosure which he or such officer shall have so entered, when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody; and may seize or authorize such officer to seize and take possession of all instruments of gaming found upon such search.",
"name": "Power to enter and authorize police to enter and search",
"related_acts": "",
"section_id": 6
},
{
"act_id": 16,
"details": "6. When any cards, dice, gaming-table, cloth, boards or other instruments of gaming are found in any house, tent, room, space or walled enclosure entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, tent, room, space or walled enclosure is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Magistrate or police-officer, or by any person acting under the authority of either of them.",
"name": "Finding cards, etc., in suspected houses to be evidence that they are common gaming-houses",
"related_acts": "",
"section_id": 7
},
{
"act_id": 16,
"details": "7. If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this Act, upon being arrested by any such officer, or upon being brought before any Magistrate, on being required by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or shall give any false name or address, he may, upon conviction before the same or any other Magistrate, be adjudged to pay any penalty not exceeding five hundred taka, together with such costs as to such Magistrate shall appear reasonable, and on the non-payment of such penalty and costs, or in the first instance if to such Magistrate it shall seem fit, may be imprisoned for any period not exceeding one month.",
"name": "Penalty for giving false name or address",
"related_acts": "",
"section_id": 8
},
{
"act_id": 16,
"details": "8. On conviction of any person for keeping or using any such common gaming-house, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money, and other articles seized, not being instruments of gaming to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited; or in his discretion, may order any part thereof to be returned to the persons appearing to have been severally thereunto entitled.",
"name": "Destruction of instruments of gaming",
"related_acts": "",
"section_id": 9
},
{
"act_id": 16,
"details": "9. It shall not be necessary, in order to convict any person of keeping a common gaming-house, or of being concerned in the management of any common gaming-house, to prove that any person found playing therein at any game was playing for any money, wager or stake.",
"name": "Proof of playing for stakes unnecessary",
"related_acts": "",
"section_id": 10
},
{
"act_id": 16,
"details": "10. Repealed by the Bengal Public Gambling (Amendment) Act, 1913 (Act No. IV of 1913).",
"name": "Repealed",
"related_acts": "",
"section_id": 11
},
{
"act_id": 16,
"details": "11. A police officer may apprehend without warrant any person found gaming in any public market, fair, street, place or thoroughfare situated within the limits aforesaid, or any person setting any birds or animals to fight in any public market, fair, street, place or thoroughfare situated within the limits aforesaid, or any person there present aiding and abetting such public fighting of birds and animals. Such person, when apprehended, shall be brought without delay before a Magistrate, and shall be liable to a fine not exceeding fifty taka, or to imprisonment, either simple or rigorous, for any term not exceeding one calendar month, and such police officer may seize all birds and animals and instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the Magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed, and such birds and animals to be sold.",
"name": "Gaming and setting birds and animals to fight in public streets",
"related_acts": "",
"section_id": 12
},
{
"act_id": 16,
"details": "911A. Nothing in this Act shall apply to any game of mere skill, wherever played.",
"name": "Exemption of games of mere skill",
"related_acts": "",
"section_id": 13
},
{
"act_id": 16,
"details": "12. Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed. But such Magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure, 1898 as to the amount of fine or imprisonment he may inflict.",
"name": "Offences by whom triable",
"related_acts": "75",
"section_id": 14
},
{
"act_id": 16,
"details": "13. Whoever, having been convicted of an offence punishable under this Act, shall be guilty of any such offence, shall be subject for every such subsequent offence to double the amount of punishment to which he would otherwise have been liable for the same: Provided that he shall not be liable in any case to a fine exceeding six hundred taka, or to imprisonment for a term exceeding one year.",
"name": "Penalty for subsequent offence",
"related_acts": "",
"section_id": 15
},
{
"act_id": 16,
"details": "14. Omitted by the Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 16
},
{
"act_id": 16,
"details": "15. Anything made punishable by this Act shall be deemed to be an \"offence\" within the meaning of the 10Penal Code.",
"name": "Application of definition of \"offence\" in Penal Code",
"related_acts": "",
"section_id": 17
},
{
"act_id": 16,
"details": "16. Omitted by section 3 and 2nd Schedule the Bangladesh Laws (Revision And Declaration) Act, 1973 ( Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 18
},
{
"act_id": 16,
"details": "17. Repealed by the Amending Act, 1903 (Act No. I of 1903).",
"name": "Repealed",
"related_acts": "",
"section_id": 19
}
],
"text": "♣An Act to provide for the punishment of public gambling and the keeping of common gaming-houses in Bangladesh. Preamble WHEREAS it is expedient to make provisions for the punishment of public gambling and the keeping of common gaming-houses in Bangladesh; It is enacted follows:-"
} |
{
"id": 17,
"lower_text": [
"1 The word “Bangladesh” was substituted, for the word “Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “or it” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “President” was substituted, for the words “Central Government or the Provincial Government as the case may be” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word “President” was substituted, for the words “Central Government or the Provincial Government as the case may be” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Acting Judges Act, 1867",
"num_of_sections": 2,
"published_date": "1st March, 1867",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 17,
"details": "1. In every case in which the 3President, has power under any Act or Regulation to appoint a Judge of any Court, such power shall be taken to include the power to appoint any person capable of being appointed a permanent Judge of such Court, to act as Judge of the same Court for such time as the 4President, shall direct. Every person so appointed to act temporarily as a Judge of any such Court shall have the powers and perform the duties which he would have had and been liable to perform in case he had been duly appointed a permanent Judge of the same Court.",
"name": "Power to appoint acting Judges",
"related_acts": "",
"section_id": 1
},
{
"act_id": 17,
"details": "2. Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.",
"name": "Certain enact-ments to be construed as if they contained a clause like section 1 of this Act",
"related_acts": "",
"section_id": 2
}
],
"text": "An Act to authorize the making of acting appointments to certain Judicial Offices. Preamble WHEREAS the 1President, is empowered by divers enactments to appoint the Judges of certain Courts in 2Bangladesh: And whereas it has been doubted whether he * * * is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such douIt;It is hereby enacted follows:-"
} |
{
"id": 18,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Government” and “taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Government” and “taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 17 was substituted, for section 17 by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).",
"4 The words “a Metropolitan Area” were substituted, for the words “the Dhaka Metropolitan Area” by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)."
],
"name": "The Sarais Act, 1867",
"num_of_sections": 21,
"published_date": "15th March, 1867",
"related_act": [
18,
578,
430
],
"repelled": false,
"sections": [
{
"act_id": 18,
"details": "1. Repealed by the Amending Act, 1891 (XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 1
},
{
"act_id": 18,
"details": "2. In this Act, unless there be something repugnant in the subject or context,-",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 2
},
{
"act_id": 18,
"details": "\"sarai\" means any building used for the shelter and accommodation of travellers, and includes, in any case in which only part of a building is used as a sarai, the part so used of such building. It also includes a purao so far as the provisions of this Act are applicable thereto.",
"name": "“Sarai”",
"related_acts": "",
"section_id": 3
},
{
"act_id": 18,
"details": "\"keeper of a sarai\" includes the owner and any person having or acting in the care or management thereof:",
"name": "“ Keeper of a Sarai”",
"related_acts": "",
"section_id": 4
},
{
"act_id": 18,
"details": "Magistrate of the District\" means the chief officer charged with the executive administration of a district in criminal matters whatever may be his designation:",
"name": "“Magistrate of the District”",
"related_acts": "",
"section_id": 5
},
{
"act_id": 18,
"details": "3. Within six months after this Act shall come into operation, the Magistrate of the District in which any sarai to which this Act shall apply may be situate shall, and from time to time thereafter such Magistrate may, give to the keeper of every such sarai notice in writing of this Act, by leaving such notice for the keeper at the sarai; and shall by such notice require the keeper to register the sarai as by this Act provided. Such notice may be in the form in the Schedule to this Act annexed or to the like effect.",
"name": "Notice of this Act to be given to keepers of sarais",
"related_acts": "",
"section_id": 6
},
{
"act_id": 18,
"details": "4. The Magistrate of the District shall keep a register in which shall be entered by such Magistrate or such other person as he shall appoint in this behalf, the names and residences of the keepers of all sarais within his jurisdiction, and the situation of every such sarai. No charge shall be made for making any such entry.",
"name": "Registers of sarais to be kept",
"related_acts": "",
"section_id": 7
},
{
"act_id": 18,
"details": "5. After one month after the giving of such notice to register as by this Act provided, the keeper of any sarai or any other person shall not receive any lodger or allow any person, cattle, sheep, elephant, camel or other animal, or any vehicle, to halt or be placed in such sarai until the same and the name and residence of the keeper thereof shall have been registered as by this Act provided.",
"name": "Lodgers, etc., not to be received in sarais until registered",
"related_acts": "",
"section_id": 8
},
{
"act_id": 18,
"details": "6. The Magistrate of the District may, if he shall think fit, refuse to register as the keeper of a sarai a person who does not produce a certificate of character in such form and signed by such person as the Government shall from time to time direct.",
"name": "Magistrate may refuse to register keeper not producing certificate of character",
"related_acts": "",
"section_id": 9
},
{
"act_id": 18,
"details": "7. The keeper of a sarai shall be bound- (1) when any person in such sarai is ill of any infectious or contagious disease, or dies of such disease, to give immediate notice thereof to the nearest police-station: (2) at all times when required by any Magistrate or any other person duly authorized by the Magistrate of the District in this behalf, to give him free access to the sarai and allow him to inspect the same or any part thereof: (3) to thoroughly cleanse the rooms and verandahs, and drains of the sarai, and the wells, tanks, or other sources from which water is obtained for the persons or animals using it, to the satisfaction of, and so often as shall be required by, the Magistrate of the District, or such person as he shall appoint in this behalf: (4) to remove all noxious vegetation on or near the sarai, and all trees and branches of trees capable of affording to thieves means of entering or leaving the sarai: (5) to keep the gates, walls, fences, roofs and drains of the sarai in repair: (6) to provide such number of watchmen as may, in the opinion of the Magistrate of the District, subject to such rules as the Government may prescribe in this behalf, be necessary for the safety and protection of persons and animals or vehicles lodging in, halting at or placed in the sarai; and (7) to exhibit a list of charges for the use of the sarai at such place and in such form and languages as the Magistrate of the District shall from time to time direct.",
"name": "Duties of keepers of sarais",
"related_acts": "",
"section_id": 10
},
{
"act_id": 18,
"details": "8. The keeper of a sarai shall from time to time, if required so to do by an order of the Magistrate of the District served upon him, report, either orally or in writing as may be directed by the Magistrate to such Magistrate or to such person as the Magistrate shall appoint, every person who resorted to such sarai during the preceding day or night. If written reports are required for any space of time exceeding a single day or night, schedules shall be furnished by the Magistrate of the District to the keeper. The keeper shall from time to time fill up the said schedules with the information so required, and transmit them to the said Magistrate, in such manner and at such intervals as may from time to time be ordered by him.",
"name": "Power to order reports from keepers of sarais",
"related_acts": "",
"section_id": 11
},
{
"act_id": 18,
"details": "9. If any sarai by reason of abandonment or of disputed ownership shall remain untenanted, and thereby become a resort of idle and disorderly persons, or become in a filthy or unwholesome state, or be complained of by any two or more of the neighbours as nuisance, the Magistrate of the District, after due enquiry, may cause notice in writing to be given to the owner or to the person claiming to be the owner, if he be known and resident within the district, and may also cause such notice to be put on some conspicuous part of the sarai, requiring the persons concerned therein, whoever they may be, to secure, enclosed, clean or clear the same; and if such requisition shall not be complied with within eight days the Magistrate of the District may cause the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the sarai, and shall be recoverable like penalties under this Act, or, in case of abandonment or disputed ownership of the sarai, by the sale of any material found therein.",
"name": "Power to shut up, secure, clear and clean deserted sarais",
"related_acts": "",
"section_id": 12
},
{
"act_id": 18,
"details": "10. If a sarai or any part thereof be deemed by the Magistrate of the District to be a ruinous state, or likely to fall, or in any way dangerous to the persons or animals lodging in or halting at the sarai, he shall give notice in writing to the keeper of the sarai requiring him forthwith to take down, repair or secure (as the case may be) the sarai or such part thereof as the case may require. If the keeper do not begin to take down, repair or secure the sarai, or such part as aforesaid within three days after such notice, and complete such work with due diligence, the Magistrate shall cause all or so much of the sarai as he shall think necessary to be taken down, repaired or otherwise secured. All the expenses so incurred by the Magistrate shall be paid by the keeper of the sarai, and shall be recoverable from him as hereinafter mentioned.",
"name": "Taking down or repairing ruinous sarais",
"related_acts": "",
"section_id": 13
},
{
"act_id": 18,
"details": "11. If any such sarai or any part thereof be taken down by virtue of the powers aforesaid, the Magistrate of the District may sell the materials thereof, or so much of the same as shall be taken down under the provisions of the last preceding section, and apply the proceeds of such sale in payment of the expenses incurred, and shall restore the over-plus (if any) arising from such sale to the owner of such sarai on demand, and may recover the deficiency (if any) as if the amount thereof were a penalty under this Act.",
"name": "Sale of materials of ruinous sarais",
"related_acts": "",
"section_id": 14
},
{
"act_id": 18,
"details": "12. Whoever, being the keeper of any sarai, suffers the same to be in a filthy and unwholesome state, or overgrown with vegetation, or after the expiration of two days from the time of his receiving notice in writing from the Magistrate of the District to cleanse or clear the same, or after he shall have been convicted of suffering the same to be in such a state or so overgrown as aforesaid, shall allow the same to continue in such state, or so overgrown shall be liable to the penalties provided in section 14 of this Act: Provided that the Magistrate of the District may, in lieu of enforcing such daily penalty, enter on and cleanse or clear the said sarai, and the expense incurred by the Magistrate in respect thereof shall be paid to him by the keeper, and shall be recoverable as by this Act provided in the case of penalties.",
"name": "Penalty for permitting sarais to be filthy or overgrown",
"related_acts": "",
"section_id": 15
},
{
"act_id": 18,
"details": "13. The Government may from time to time make regulations for the better attainment of the objects of this Act, provided that such rules be not inconsistent with this Act or with any other law for the time being in force, and may from time to time repeal, alter and add to the same. All regulations made under this Act and repeals thereof, and alterations and additions thereto, shall be published in the official Gazette.",
"name": "Power for Government to make regulations",
"related_acts": "",
"section_id": 16
},
{
"act_id": 18,
"details": "14. If the keeper of a sarai offend against any of the provisions of this Act or any of the regulations made in pursuance of this Act, he shall for every such offence be liable on conviction before any Magistrate to a penalty not exceeding twenty taka, and to a further penalty not exceeding one taka a day for every day during which the offence continues: Provided always that this Act shall not exempt any person from any penalty or other liability to which he may be subject, irrespective of this Act. All penalties imposed under this Act may be recovered in the same manner as fines may be recovered under section 61 of the Code of Criminal Procedure.",
"name": "Penalty for infringing Act or Regulations",
"related_acts": "",
"section_id": 17
},
{
"act_id": 18,
"details": "15. Where a keeper of a sarai is convicted of a third offence under this Act, he shall not afterwards act as keeper of a sarai without the license in writing of the Magistrate of the District, who may either withhold such license or grant the same on such terms and conditions as he may think fit.",
"name": "Conviction for third offence to disqualify persons from keeping sarais",
"related_acts": "",
"section_id": 18
},
{
"act_id": 18,
"details": "16. No part of this Act, except section 8, shall apply to any sarai which may be under the direct management of the Government or of any Municipal Committee.",
"name": "Nothing in Act to apply to certain sarais",
"related_acts": "",
"section_id": 19
},
{
"act_id": 18,
"details": "317. This Act shall not apply to 4a Metropolitan Area.",
"name": "Repealed\tPower to Government to extend this Act",
"related_acts": "",
"section_id": 20
},
{
"act_id": 18,
"details": "18. This Act may be called the Sarais Act, 1867.",
"name": "Short title",
"related_acts": "18",
"section_id": 21
}
],
"text": "2♣An Act for the regulation of public Sarais and Puraos. Preamble WHEREAS it is expedient to provide for the regulation of public Sarais and Puraos: It is hereby enacted as follows:-"
} |
{
"id": 19,
"lower_text": [
"1 The words “for the approval of the Board of Land Administration” were substituted, for the words “for the approval of the Government” by Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982).",
"2 The word “Government” was substituted, for the words “Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word “Government” was substituted, for the words “Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Alluvion (Amendment) Act, 1868",
"num_of_sections": 8,
"published_date": "8th July, 1868",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 19,
"details": "1. Repealed by the Repealing Act, 1873 (Act No. XII of 1873).",
"name": "Repealed",
"related_acts": "",
"section_id": 1
},
{
"act_id": 19,
"details": "2. It is hereby declared that when any islands shall, under the provisions of clause 3, section 4, of Regulation XI of 1825, be at the disposal of Government, all lands gained by gradual accession to such island, whether from a recess of the river or of the sea, shall be considered an increment to such island, and shall be equally at the disposal of Government.",
"name": ".Accessions to island considered increment thereto",
"related_acts": "",
"section_id": 2
},
{
"act_id": 19,
"details": "3. Whenever it shall appear to the local revenue-authorities that an island has been thrown up in a large and navigable river liable to be taken possession of by Government (under clause 3, section 4, of Regulation XI of 1825), the local revenue-authorities shall take immediate possession of the same for Government, and shall assess and settle the land according to rules in force in that behalf, reporting their proceedings forthwith 1for the approval of the Board of Land Administration, whose order thereupon, in regard to the assessment, shall be final: Provided, however, that any party aggrieved by the act of the revenue-authorities in taking possession of any island as aforesaid shall be at liberty to contest the same by a regular suit in the Civil Court.",
"name": "Newly thrown up islands to be assessed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 19,
"details": "4. Any island of which possession may have been taken by the local revenue-authorities on behalf of Government under section 3 of this Act shall not be deemed to have become an accession to the property of any person by reason of such channel becoming fordable after possession of such island shall have been so taken.",
"name": "Subsequent junction to mainland not to affect Government right",
"related_acts": "",
"section_id": 4
},
{
"act_id": 19,
"details": "5. Whenever an island, of which possession shall have been taken by Government under section 3 of this Act, shall become attached to the mainland, any person having an estate or interest in any part of the riparian mainland to which such island may become attached while it is in the possession of Government may apply to the Collector to take measures for the construction of ways, paths and roads on the island: the costs thereof to be equally divided between the applicant and the 2Government.",
"name": "Power to apply for ways across islands",
"related_acts": "",
"section_id": 5
},
{
"act_id": 19,
"details": "6. Thereupon the Collector may require the applicant to make such deposit of money as to the Collector shall seem sufficient, and, on such deposit being made, the Collector shall proceed to lay out and construct such ways, paths and roads in and through the island as he may deem necessary for securing access to the river or sea from the land to which the island may have become attached.",
"name": "Applicant for ways to deposit money, and ways to be made",
"related_acts": "",
"section_id": 6
},
{
"act_id": 19,
"details": "7. In every case the applicant shall be liable to pay and make good to the 3Government one-half of the costs of laying out and constructing such ways, paths and roads as aforesaid, and any moneys due from the applicant under the provisions of this section may be deducted and retained by the Collector out of the deposit so made by the applicant as aforesaid.",
"name": "Costs of ways how borne",
"related_acts": "",
"section_id": 7
},
{
"act_id": 19,
"details": "8. Every way, road and path, which shall be laid out or appointed under the provisions aforesaid, shall be deemed a public highway.",
"name": "Ways to be public",
"related_acts": "",
"section_id": 8
}
],
"text": "The long title Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). Preamble WHEREAS it is expedient to amend the provisions of act IX of 1847; It is enacted and declared as follows:-"
} |
{
"id": 20,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, \"High Court Division\" and \"Appellate Division\" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, \"High Courts\" or \"High Court\" or \"a High Court\" and \"Supreme Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, \"High Court Division\" and \"Appellate Division\" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, \"High Courts\" or \"High Court\" or \"a High Court\" and \"Supreme Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, figures and commas “the 26th day of March, 1971, has been solemnized in Pakistan” were substituted, for the words, commas and figures “the 15th day of August, 1947, has been solemnized in India” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 Clause (1) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 Clause (2) was substituted, for clause (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words “fathers domiciled in Bangladesh” were substituted, for the words “Native fathers” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words “fathers domiciled in Bangladesh” were substituted, for the words “Native fathers” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 Section 17A was substituted, for section 17A by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"9 The words “in that Province” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 Second paragraph was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The words, comma and figure “the Succession Act, 1925” were substituted, for the words, comma and figure “the Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Divorce Act, 1869",
"num_of_sections": 72,
"published_date": "26th February, 1869",
"related_act": [
138,
430
],
"repelled": false,
"sections": [
{
"act_id": 20,
"details": "1. This Act may be called the Divorce Act, and shall come into operation on the first day of April, 1869.",
"name": "Short Title\tCommencement of Act",
"related_acts": "",
"section_id": 1
},
{
"act_id": 20,
"details": "2. This Act extends to the whole of Bangladesh.",
"name": "Extent of Act",
"related_acts": "",
"section_id": 2
},
{
"act_id": 20,
"details": "Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner or respondent professes the Christian religion, or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in Bangladesh at the time when the petition is presented, or to make decrees of nullity of marriage except where the marriage if solemnized, before 3the 26th day of March, 1971, has been solemnized in Pakistan and if solemnized on or after that date has been solemnized in Bangladesh and the petitioner is resident in Bangladesh at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in Bangladesh at the time of presenting the petition: Provided that nothing in this paragraph shall be deemed to authorize any Court to grant any relief under this Act where the petitioner or respondent is a Muslim.",
"name": "Extent of power to grant relief generally and to make decrees of dissolution, or of nullity",
"related_acts": "",
"section_id": 3
},
{
"act_id": 20,
"details": "3. In this Act, unless there be something repugnant in the subject or context,- 4* * * 5(2) \"District Judge\" means a Judge of a Principal Civil Court of a district. (3) \"District Court\" means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act, the husband and wife reside or last resided together: (4) \"Court\" means the High Court Division or the District Court, as the case may be: (5) \"minor children\" means, in the case of sons of 6fathers domiciled in Bangladesh, boys who have not completed the age of sixteen years, and, in the case of daughters of 7fathers domiciled in Bangladesh, girls who have not completed the age of thirteen years: in other cases it means unmarried children who have not completed the age of eighteen years: (6) \"incestuous adultery\" means adultery committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degrees of consanguinity (whether natural or legal) or affinity: (7) “bigamy with adultery” means adultery with same woman with whom the bigamy was committed: (8) “marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within Bangladesh or elsewhere: (9) “desertion” implies an abandonment against the wish of the person charging it: and (10) \t\"property\" includes, in the case of a wife, any property to which she is entitled for an estate in remainder or reversion, or as a trustee, executrix or administratrix; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or adminstratrix.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 20,
"details": "4. The jurisdiction now exercised by the High Court Division in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise: except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed.",
"name": "Matrimonial jurisdiction of High Court Division to be exercised subject to Act Exception",
"related_acts": "",
"section_id": 5
},
{
"act_id": 20,
"details": "5. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 6
},
{
"act_id": 20,
"details": "6. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 20,
"details": "7. Subject to the provisions contained in this Act, the High Court Division and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief: Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.",
"name": "Court to act on principles of English Divorce Court",
"related_acts": "",
"section_id": 8
},
{
"act_id": 20,
"details": "8. The High Court Division may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under the Act.",
"name": "Extraordinary jurisdiction of High Court Division",
"related_acts": "",
"section_id": 9
},
{
"act_id": 20,
"details": "The High Court Division may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.",
"name": "Power to transfer suits",
"related_acts": "",
"section_id": 10
},
{
"act_id": 20,
"details": "9. When any question of law or usage having the force of law arises at any point in the proceedings, previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Court's own opinion thereon, to the decision of the High Court Division. If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference and pass a decree contingent upon the opinion of the High Court Division upon it. If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court Division upon such reference.",
"name": "Reference to High Court Division",
"related_acts": "",
"section_id": 11
},
{
"act_id": 20,
"details": "10. Any husband may present a petition to the District Court or to the High Court Division, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.",
"name": "When husband may petition for dissolution",
"related_acts": "",
"section_id": 12
},
{
"act_id": 20,
"details": "Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.",
"name": "Contents of petition",
"related_acts": "",
"section_id": 13
},
{
"act_id": 20,
"details": "Any wife may present a petition to the District court or to the High Court Division, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman; or has been guilty of incestuous adultery, or of bigamy with adultery, or of marriage with another woman with adultery, or of rape, sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce mensa et toro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.",
"name": "When wife may petition for dissolution",
"related_acts": "",
"section_id": 14
},
{
"act_id": 20,
"details": "11. Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from so doing on one of the following grounds, to be allowed by the Court:- (1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed; (2) that the name of the alleged adulterer is unknown to the petitioner although he has made due efforts to discover it; (3) that the alleged adulterer is dead.",
"name": "Adulterer to be co-respondent",
"related_acts": "",
"section_id": 15
},
{
"act_id": 20,
"details": "12. Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as reasonable can, not only as to the facts alleged, but also whether or not the petitioner has been on any manner accessory to, or conniving at the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also inquire into any countercharge which may be made against the petitioner.",
"name": "Court to be satisfied of absence of collusion",
"related_acts": "",
"section_id": 16
},
{
"act_id": 20,
"details": "13. In case the Court, on the evidence in relation to any such petition, is satisfied that the petitioner's case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the Court shall dismiss the petition. When a petition is dismissed by a District Court under this section, the petitioner may, nevertheless, present a similar petition to the High Court Division.",
"name": "Dismissal of petition",
"related_acts": "",
"section_id": 17
},
{
"act_id": 20,
"details": "14. In case the Court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, the Court shall pronounce a decree declaring such marriage to be dissolved in the manner and subject to all the provisions and limitations in sections 16 and 17 made and declared: Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery, or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery.",
"name": "Power to Court to pronounce decree for dissolving marriage",
"related_acts": "",
"section_id": 18
},
{
"act_id": 20,
"details": "No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal co-habitation has been resumed or continued.",
"name": "Condonation",
"related_acts": "",
"section_id": 19
},
{
"act_id": 20,
"details": "15. In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty or desertion without reasonable excuse, or, in case of such a suit instituted by a wife, on the ground of her adultery and cruelty, the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to such cruelty or desertion.",
"name": "Relief in case of opposition on certain grounds",
"related_acts": "",
"section_id": 20
},
{
"act_id": 20,
"details": "16. Every decree for a dissolution of marriage made by High Court Division, not being a confirmation of a decree of a District Court, shall, in the first instance, be a decree nisi, not to make absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court Division by general or special order from time to time directs.",
"name": "Decrees for dissolution to be nisi",
"related_acts": "",
"section_id": 21
},
{
"act_id": 20,
"details": "During that period any person shall be at liberty, in such manner as the High Court Division by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the Court. On cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand. The High Court Division may order the costs of counsel and witnesses, and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property. Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court Division may dismiss the suit.",
"name": "Collusion",
"related_acts": "",
"section_id": 22
},
{
"act_id": 20,
"details": "817A. The Government may appoint an officer who shall, within the jurisdiction of the High Court Division 9* * *, have the like right of showing cause why a decree for the disso-lution of a marriage should not be made absolute or should not be confirmed, as the case may be, as is exercisable in England by the King's Proctor; and the Government may make rules regulating the manner in which the right shall be exercised and all matters incidental to or consequential on any exercise of the right. 10* * *",
"name": "Appointment of officer to exercise duties of King’s Proctor",
"related_acts": "",
"section_id": 23
},
{
"act_id": 20,
"details": "17. Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court Division. Cases for confirmation of a decree for dissolution of marriage shall be heard (where the number of the Judges of the High Court Division is three or upwards) by a Court composed of three such Judges, and in case of difference the opinion of the majority shall prevail, or (where the number of the Judges of the High Court Division is two) by a Court composed of such two Judges, and in case of difference the opinion of the senior Judge, shall prevail. The High Court Division, if it thinks further enquiry or additional evidence to be necessary, may direct such enquiry to be made or such evidence to be taken. The result of such enquiry and the additional evidence shall be certified to the High Court Division by the District Judge, and the High Court Division shall thereupon make an order confirming the decree for dissolution of marriage, or such other order as to the Court seems fit: Provided that no decree shall be confirmed under this section till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court Division by general or special order from time to time directs. During the progress of the suit in the Court of the District Judge, any person, suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court Division by general or special order from time to time directs, to apply to the High Court Division to remove the suit under section 8, and the High Court Division shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary to enable him to make a decree in accordance with the justice of the case.",
"name": "Confirmation of decree for dissolution by District Judge",
"related_acts": "",
"section_id": 24
},
{
"act_id": 20,
"details": "18. Any husband or wife may present a petition to the District Court or to the High Court Division, praying that his or her marriage may be declared null and void.",
"name": "Petition for decree of nullity",
"related_acts": "",
"section_id": 25
},
{
"act_id": 20,
"details": "19. Such decree may be made on any of the following grounds:- (1)\tthat the respondent was impotent at the time of the marriage and at the time of the institution of the suit; (2)\tthat the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity; (3)\tthat either party was a lunatic or idiot at the time of the marriage; (4)\tthat the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. Nothing in this section shall affect the jurisdiction of the High Court Division to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.",
"name": "Grounds of decree",
"related_acts": "",
"section_id": 26
},
{
"act_id": 20,
"details": "20. Every decree of nullity of marriage made by a District Judge shall be subject to confirmation by the High Court Division, and the provisions of section 17, clauses 1, 2, 3 and 4, shall, mutatis mutandis, apply to such decrees.",
"name": "Confirmation of District Judge’s decree",
"related_acts": "",
"section_id": 27
},
{
"act_id": 20,
"details": "21. Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.",
"name": "Children of annulled marriage",
"related_acts": "",
"section_id": 28
},
{
"act_id": 20,
"details": "22. No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.",
"name": "Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife",
"related_acts": "",
"section_id": 29
},
{
"act_id": 20,
"details": "23. Application for judicial separation on any one of the grounds aforesaid may be made by either husband or wife by petition to the District Court or the High Court Division; and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.",
"name": "Application for separation made by petition",
"related_acts": "",
"section_id": 30
},
{
"act_id": 20,
"details": "24. In every case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst the separation continues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. Such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead: Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such co-habitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.",
"name": "Separated wife deemed spinster with respect to after acquired property",
"related_acts": "",
"section_id": 31
},
{
"act_id": 20,
"details": "25. In every case of a judicial separation under this Act, the wife shall whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding; and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining at any time during such separation, in the exercise of any joint power given to herself and her husband.",
"name": "Separated wife deemed spinster for purposes of contract and suing",
"related_acts": "",
"section_id": 32
},
{
"act_id": 20,
"details": "26. Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree. The Court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts or acts of the wife incurred, entered into or done between the times of the sentence of separation and of the reversal thereof.",
"name": "Decree of separation obtained during absence of husband or wife may be reversed",
"related_acts": "",
"section_id": 33
},
{
"act_id": 20,
"details": "27. Any wife to whom section 4 of 11the Succession Act, 1925, does not apply, may, when deserted by her husband, present a petition to the District Court or the High Court Division, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him.",
"name": "Deserted wife may apply to Court for protection",
"related_acts": "138",
"section_id": 34
},
{
"act_id": 20,
"details": "28. The Court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time.",
"name": "Court may grant protection-order",
"related_acts": "",
"section_id": 35
},
{
"act_id": 20,
"details": "29. The husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it think fit so to do, may discharge or vary the order accordingly.",
"name": "Discharge or variation of orders",
"related_acts": "",
"section_id": 36
},
{
"act_id": 20,
"details": "30. If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.",
"name": "Liability of husband seizing wife’s property after notice of order",
"related_acts": "",
"section_id": 37
},
{
"act_id": 20,
"details": "31. So long as any such order of protection remains in force, the wife shall be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.",
"name": "Wife’s legal position during continuance of order",
"related_acts": "",
"section_id": 38
},
{
"act_id": 20,
"details": "32. When either the husband or the wife has, without reasonable excuse with drawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court Division, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.",
"name": "Petition for restitution of conjugal rights",
"related_acts": "",
"section_id": 39
},
{
"act_id": 20,
"details": "33. Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be ground for a suit for judicial separation or for a decree of nullity of marriage.",
"name": "Answer to petition",
"related_acts": "",
"section_id": 40
},
{
"act_id": 20,
"details": "34. Any husband may, either in a petition for dissolution of marriage or for judicial separation, or in a petition to the District Court or the High Court Division limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner. Such petition shall be served on the alleged adulterer and the wife unless the Court dispenses with such service, or directs some other service to be substituted. The damages to be recovered on any such petition shall be ascertained by the said Court, although the respondents or either of them may not appear. After the decision has been given, the Court may direct in what manner such damages shall be paid or applied.",
"name": "Husband may claim damages from adulterer",
"related_acts": "",
"section_id": 41
},
{
"act_id": 20,
"details": "35. Whenever in any petition presented by a husband, the alleged adulterer has been made a co-respondent, and the adultery has been established, the Court may order the co-respondent to pay the whole or any part of the cost of the proceedings: Provided that the co-respondent shall not be ordered to pay the petitioner's cost, (1) if the respondent was, at the time of the adultery, living apart from her husband and leading the life of a prostitute, or (2) if the co-respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman. Whenever any application is made under section 17, the Court, if it thinks that the applicant had no grounds or no sufficient grounds for intervening may order him to pay the whole or any part of the costs occasioned by the application.",
"name": "Power to order adulterer to pay costs Power to order litigious intervenor to pay costs",
"related_acts": "",
"section_id": 42
},
{
"act_id": 20,
"details": "36. In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending the suit. Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statement therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just: Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be.",
"name": "Alimony pendente lite",
"related_acts": "",
"section_id": 43
},
{
"act_id": 20,
"details": "37. The High Court Division may, if it thinks fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife, and the District Judge may, if it thinks fit, on the confirmation of any decree of his, declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife, order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable, and for that purpose may cause a proper instrument to be executed by all necessary parties. In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable: Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part, as to the Court seems fit.",
"name": "Power to order permanent alimony Power to order monthly or weekly payments",
"related_acts": "",
"section_id": 44
},
{
"act_id": 20,
"details": "38. In all cases in which the Court makes any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do.",
"name": "Court may direct payment of alimony to wife or to her trustee",
"related_acts": "",
"section_id": 45
},
{
"act_id": 20,
"details": "The Court may direct that the whole or any part of the damages recovered under section 34 shall be settled for the benefit of the children of the marriage, or as a provision for the maintenance of the wife.",
"name": "Settlement of damages",
"related_acts": "",
"section_id": 46
},
{
"act_id": 20,
"details": "39. Whenever the Court pronounces a decree of dissolution of marriage or judicial separation for adultery of the wife, if it is made to appear to the Court that the wife is entitled to any property, the Court may, if it thinks fit, order such settlement as it thinks reasonable to be made of such property or any part thereof, for the benefit of the husband, or of the children of the marriage, or of both. Any instrument executed pursuant to any order of the Court at the time of or after the pronouncing of a decree of dissolution of marriage or judicial separation shall be deemed valid notwithstanding the existence of the disability of covertures at the time of the execution thereof.",
"name": "Power to order settlements of wife’s property for benefit of husband and children",
"related_acts": "",
"section_id": 47
},
{
"act_id": 20,
"details": "40. The High Court Division, after a decree absolute for dissolution of marriage, or a decree of nullity of marriage, And the District Court, after its decree for dissolution of marriage or of nullity of marriage has been confirmed, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit: Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children.",
"name": "Inquiry into existence of ante-nuptial or post-nuptial settlement",
"related_acts": "",
"section_id": 48
},
{
"act_id": 20,
"details": "41. In any suit for obtaining a judicial separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said Court.",
"name": "Power to make orders as to custody of children in suit for separation",
"related_acts": "",
"section_id": 49
},
{
"act_id": 20,
"details": "42. The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.",
"name": "Power to make such orders after decree",
"related_acts": "",
"section_id": 50
},
{
"act_id": 20,
"details": "43. In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, High Court Division, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders and may make such provision in the decree absolute or decree, and in any such suit instituted in a District Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation, as the High Court Division or District Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit; and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the Court.",
"name": "Power to make orders as to custody of children in suits for dissolution or nullity",
"related_acts": "",
"section_id": 51
},
{
"act_id": 20,
"details": "44. The High Court Division, after a decree absolute for dissolution of marriage or a decree of nullity of marriage, and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed, may, upon application by petition for the purpose, make from time to time all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid.",
"name": "Power to make such orders after decree or confirmation",
"related_acts": "",
"section_id": 52
},
{
"act_id": 20,
"details": "45. Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure.",
"name": "Code of Civil Procedure to apply",
"related_acts": "",
"section_id": 53
},
{
"act_id": 20,
"details": "46. The forms set forth in the Schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such schedule.",
"name": "Forms of petitions and statements",
"related_acts": "",
"section_id": 54
},
{
"act_id": 20,
"details": "47. Every petition under this Act for a decree of dissolution of marriage or of nullity of marriage, or of judicial separation shall state that there is not any collusion or connivance between the petitioner and the other party to the marriage;",
"name": "Stamp on petition\tPetition to state absence of collusion",
"related_acts": "",
"section_id": 55
},
{
"act_id": 20,
"details": "the statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.",
"name": "Statements to be verified",
"related_acts": "",
"section_id": 56
},
{
"act_id": 20,
"details": "48. When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.",
"name": "Suits on behalf of lunatics",
"related_acts": "",
"section_id": 57
},
{
"act_id": 20,
"details": "49. Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.",
"name": "Suits by minors",
"related_acts": "",
"section_id": 58
},
{
"act_id": 20,
"details": "50. Every petition under this Act shall be served on the party to be affected thereby, either within or without Bangladesh, in such manner as the High Court Division by general or special order from time to time directs: Provided that Court may dispense with such service altogether in case it seems necessary or expedient so to do.",
"name": "Service of petition",
"related_acts": "",
"section_id": 59
},
{
"act_id": 20,
"details": "51. The witnesses in all proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined and may be cross-examined and re-examined, like any other witness: Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the\tdeponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.",
"name": "Mode of taking evidence",
"related_acts": "",
"section_id": 60
},
{
"act_id": 20,
"details": "52. On any petition presented by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without reasonable excuse, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.",
"name": "Competence of husband and wife to give evidence as to cruelty or desertion",
"related_acts": "",
"section_id": 61
},
{
"act_id": 20,
"details": "53. The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.",
"name": "Power to close doors",
"related_acts": "",
"section_id": 62
},
{
"act_id": 20,
"details": "54. The Court may from time to time adjourn the hearing of any petition under this Act, and may require further evidence thereon if it seems fit so to do.",
"name": "Power to adjourn",
"related_acts": "",
"section_id": 63
},
{
"act_id": 20,
"details": "55. All decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from under the laws, rules and orders for the time being in force: Provided that there shall be no appeal from a decree of a District Judge for dissolution of marriage or of nullity of marriage, nor from the order of the High Court Division confirming or refusing to confirm such decree: Provided also that there shall be no appeal on the subject of costs only.",
"name": "Enforcement of and appeals from orders and decrees\tNo appeal as to costs",
"related_acts": "",
"section_id": 64
},
{
"act_id": 20,
"details": "56. Any person may appeal to the Appellate Division of the Supreme Court from any decree (other than a decree nisi) or order under this Act of a High Court Division made on appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of High Court Division or of any Division Court from which an appeal shall not lie to the High Court Division, When the High Court Division declares that the case is a fit one for appeal to the Appellate Division of the Supreme Court.",
"name": "Appeal to Appellate Division of the Supreme Court",
"related_acts": "",
"section_id": 65
},
{
"act_id": 20,
"details": "57. When six months after the date of an order of High Court Division confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of any decree of High Court Division dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court Division in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death: Provided that no appeal to the Appellate Division of the Supreme Court has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.",
"name": "Liberty to parties to marry again",
"related_acts": "",
"section_id": 66
},
{
"act_id": 20,
"details": "58. No clergyman in Holy Orders of the Church of England shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.",
"name": "English clergyman not compelled to solemnize marriages of persons divorced for adultery",
"related_acts": "",
"section_id": 67
},
{
"act_id": 20,
"details": "59. When any minister of any church or chapel of the said Church refuses to perform such marriage service between any persons who, but for such refusal would be entitled to have the same service performed in such church or chapel, such minister shall permit any other minister in Holy Orders of the said Church entitled to officiate within the diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel.",
"name": "English minister refusing to perform ceremony to permit use of his church",
"related_acts": "",
"section_id": 68
},
{
"act_id": 20,
"details": "60. Every decree for judicial separation or order to protect property obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife. No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order and of the reversal, discharge or variation thereof.",
"name": "Decree for separation or protection-order valid as to persons dealing with wife before reversal",
"related_acts": "",
"section_id": 69
},
{
"act_id": 20,
"details": "All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.",
"name": "Indemnity of persons making payment to wife without notice of reversal of decree or protection order",
"related_acts": "",
"section_id": 70
},
{
"act_id": 20,
"details": "61. After this Act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.",
"name": "Bar of suit for criminal conversation",
"related_acts": "",
"section_id": 71
},
{
"act_id": 20,
"details": "62. The High Court Division shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same: Provided that such rules, alterations and additions are consistent with the provisions of this Act and the Code of Civil Procedure. All such rules, alterations and additions shall be published in the official Gazette.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 72
}
],
"text": "2♣An Act to amend the law relating to Divorce and Matrimonial Causes. Preamble WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; It is hereby enacted follows:-"
} |
{
"id": 21,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"the High Court Division\", “Government” and “Taka” were substituted for the words \"High Court\" or \"a High Court\" or \"any of the High Court\", “Provincial Government” or “appropriate Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word “Bangladesh” was substituted, for the word “Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words “High Court Division” were substituted, for the words “High Courts” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words “in each of such Courts” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words and comma “and the fees for the time being charitable in the Courts of Small Causes at the Presidency-towns, and their several offices” were omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"6 The words “High Court Division” were substituted, for the words “High Courts” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words “Chief Justice of the Supreme Court” were substituted, for the words “Chief Justice of such High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words “such Judge of the Supreme Court” were substituted, for the words “Such Judge of the High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The proviso and Explanation were substituted, for “Explanation” by section 2 of the Finance Act, 1989 (Act No. XXXVI of 1989).",
"10 The words “”two hundred taka” were substituted, for the words “five hundred taka” by section 2 of the Court-Fees (Amendment) Act, 2002 (Act No. XXIV of 2002).",
"11 The words, colon and full-stop “In all such suits the plaintiff shall state the amount at which he values the relief sought: Provided that in such suits the valuation shall not be such as would attract a court-fee of less than one hundred taka.” were substituted, for the words and full-stop “In all such suits the plaintiff shall state the amount at which he values the relief sought.” by section 2 of the Finance Act, 1989 (Act No. XXXVI of 1989)",
"12 The words “two hundred taka” were substituted, for the words “five hundred taka” by section 2 of the Court-Fees (Amendment) Act, 2002 (Act No. XXIV of 2002)",
"13 Sections 8A, 8B, 8C, 8D, 8E and 8F were inserted by section 8 of the Court-fees (Bengal Amendment) Act, 1935 (Act No. VII of 1935).",
"14 The word “Pakistan” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The words “fifty paisa” were substituted, for the words “eight annas” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 The word “Bangladesh” was substituted, for the word “Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The words “National Board of Revenue” were substituted, for the words “Board of Revenue” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"18 The word “Pakistan” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"19 The words “or an officer or servant of Railway company” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"20 CHAPTER IIIA was inserted by section 6 of the Probate and Administration Act, 1875 (Act No. XIII of 1875).",
"21 Sections 19H, 19-I, 19J and 19K were inserted by section 2 of the Court-fees (Amendment) Act, 1899 (Act No. XI of 1899).",
"22 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"23 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"24 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"25 The word “President” was substituted, for the words “Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"26 The words and brackets “(to consolidate and amend the Law relating to Courts of Small Causes beyond the local limits of the ordinary original Civil Jurisdiction of the High Courts of Judicature)” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"27 Section 25 was substituted by section 2 of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).",
"28 The word “and” was omitted by section 3(a) of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).",
"29 The comma (,) was substituted for the colon (:) and clause (e) and (f) were inserted by section 3(b) of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).",
"30 The words “the Supreme Court” were substituted, for the words “such Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"31 The word “Shapla” was replaced, for the words \"the crescent and star\" by the Bangladesh National Anthem, Flag and Emblem Order, 1972 (President’s Order No. 130 of 1972).",
"32 The words “Pakistan immediately before the twenty sixth day of March, 1971” were substituted, for the words “British India immediately before the fifteenth day of August, 1947” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"33 Section 34A was inserted by section 14 of the Court-fees (Amendment) Act, 1935 (Act VII of 1935).",
"34 The words “fifty thousand” were substituted for the words “five hundred” by section 4 of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016).",
"35 The word “Bangladesh” was replaced for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).",
"36 Sections 35A was inserted by section 4 of Ordinance, 1962 (Ordinance No. LII of 1962).",
"37 Section 37 was added by section 5 of the Court Fees (Amendment) Act, 2016 (Act No. XIV of 2016)."
],
"name": "The Court-fees Act, 1870",
"num_of_sections": 77,
"published_date": "11th March, 1870",
"related_act": [
388,
232,
138,
75,
430,
241,
21,
86,
58,
27
],
"repelled": false,
"sections": [
{
"act_id": 21,
"details": "1. This Act may be called the Court-fees Act, 1870.",
"name": "Short title",
"related_acts": "21",
"section_id": 1
},
{
"act_id": 21,
"details": "It extends to the whole of 2Bangladesh;",
"name": "Extent of Act",
"related_acts": "",
"section_id": 2
},
{
"act_id": 21,
"details": "And it shall come into force on the first day of April, 1870.",
"name": "Commencement of Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 21,
"details": "1A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973(Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 4
},
{
"act_id": 21,
"details": "2. In this Act, unless there is anything repugnant in the subject or context, (1) \t\"Appeal” includes a cross-objection; (2) \tOmitted by 1st Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962). (3) \"Collector” includes any officer not below the rank of Sub-Deputy Collector appointed by the Collector to perform the functions of a Collector under this Act; (4) \"Suit” includes an appeal from a decree except in section 8A.",
"name": "Definitions",
"related_acts": "",
"section_id": 5
},
{
"act_id": 21,
"details": "3. The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the 3High Court Division; or chargeable 4* * * under No. 11 of the first, and Nos. 7, 12, 14, 20 and 21 of the Second Schedule to this Act annexed; 5* * * shall be collected in manner hereinafter appearing.",
"name": "Levy of fees in the High Court Division on their original sides",
"related_acts": "",
"section_id": 6
},
{
"act_id": 21,
"details": "4. No document of any of the kinds specified in the first or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, the 6High Court Division in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extra-ordinary original criminal jurisdiction;",
"name": "Fees on documents filed, etc., in the High Court Division \tin their extraordinary jurisdiction;",
"related_acts": "",
"section_id": 7
},
{
"act_id": 21,
"details": "or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one or more judges of the said Court, or of a Division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;",
"name": "in their appellate jurisdiction;",
"related_acts": "",
"section_id": 8
},
{
"act_id": 21,
"details": "or in the exercise of its jurisdiction as a Court of reference or revision; unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.",
"name": "as Courts of reference and revision",
"related_acts": "",
"section_id": 9
},
{
"act_id": 21,
"details": "5. When any difference arises between the officer whose duty it is to see that any fee is paid under this chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court Division, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the 7Chief Justice of the Supreme Court, or of 8such Judge of the Supreme Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of the first paragraph of this section.",
"name": "Procedure in case of difference as to necessity or amount of fee",
"related_acts": "",
"section_id": 10
},
{
"act_id": 21,
"details": "6. (1) Except in the Courts hereinbefore mentioned no document of any of the kinds specified as chargeable in the first or second schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there has been paid a fee of an amount not less than indicated by either of the said Schedules as the proper fee for such document. (2) Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum of appeal in respect of which an insufficient fee has been paid, subject to the condition that the plaint or memorandum of appeal shall be rejected unless the plaintiff or appellant, as the case may be, pays to the Court within a time to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.",
"name": "Fees on documents filed, etc., in Mufassil Courts or in public offices",
"related_acts": "",
"section_id": 11
},
{
"act_id": 21,
"details": "7. The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:-",
"name": "Computation of fees payable in certain suits",
"related_acts": "",
"section_id": 12
},
{
"act_id": 21,
"details": "i. \tIn suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) -according to the amount claimed:",
"name": "(i) for money;",
"related_acts": "",
"section_id": 13
},
{
"act_id": 21,
"details": "ii. In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year: Provided that, in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year.",
"name": "(ii) for maintenance and annuities;",
"related_acts": "",
"section_id": 14
},
{
"act_id": 21,
"details": "iii. \tIn suits for moveable property other than money, where the subject-matter has a market-value - according to such value at the date of presenting the plaint:",
"name": "(iii) for moveable property having a market-value;",
"related_acts": "",
"section_id": 15
},
{
"act_id": 21,
"details": "vi. \tIn suit to enforce a right of pre-emption-according to the market-value of the land, building or garden in respect of which the right is claimed: 9Provided that in an application to enforce a right of pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 (E.B Act No. XXXVIII of 1951) or under section 24 of the Non-Agricultural Tenancy Act, 1949 (E.B Act No XXIII of 1949), a fixed fee of an amount of 10two hundred taka shall be payable. Explanation.In this paragraph \"building\" has the same meaning as in paragraph v;",
"name": "(vi) \tto enforce a right of pre-emption;",
"related_acts": "241,232",
"section_id": 16
},
{
"act_id": 21,
"details": "viA. \tIn suits for partition and separate possession of a share of joint family property or of a joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property- if the plaintiff has been excluded from possession of the property of which he claims to be a co-parcener or co-owner, according to the market value of the share in respect of which the suit is instituted:",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 21,
"details": "iv. \tIn suits- (a) \tfor moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title, (b)\tOmitted by section 7(1) of the Court-fees (Amendment) Act, 1935 (Act No. VII of 1935). (c) to obtain a declaratory decree or order, where consequential relief is prayed. (d) \tto obtain an injunction. (e) \tfor a right to some benefit (not herein otherwise provided for ) to arise out of land, and (f) \tfor accounts- according to the amount at which the relief sought is valued in the plaint or memorandum of appeal subject to the provisions of section 8C. 11In all such suits the plaintiff shall state the amount at which he values the relief sought: Provided that in such suits the valuation shall not be such as would attract a court-fee of less than 12two hundred taka.",
"name": "(iv) (a) for moveable property of no market- value;(b) Omitted(c) for declaratory decree and consequential relief;(d) for an injunction;(e) for easements;(f) for accounts;",
"related_acts": "",
"section_id": 18
},
{
"act_id": 21,
"details": "v. \tIn suits for the possession of land, buildings or gardens (a) according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profit which have arisen from the land, building or garden during the years next before the date of presenting the plaint, or if the Court sees reason to think that such profit have been wrongly estimated, fifteen times such amount as the Court may assess as such profits or according to the market-value of the land, building or garden, whichever is greater: (b) if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or where there are no such profits, according to the market-value of the land, building or garden: Explanation.In this paragraph “building” includes a house, out-house, stable, privy, urinal, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever:",
"name": "(v) \tfor possession of land, buildings or gardens;",
"related_acts": "",
"section_id": 19
},
{
"act_id": 21,
"details": "vii. \tIn suits for the interest of an assignee of land revenue - fifteen times his net profits as such for the years next before the date of presenting the plaint:",
"name": "(vii)\tfor interest of assignee of land revenue;",
"related_acts": "",
"section_id": 20
},
{
"act_id": 21,
"details": "viii. \tIn suits to set aside an attachment of land or of an interest in land or revenue - according to the amount for which the land or interest was attached:",
"name": "(viii) \tto set aside an attachment;",
"related_acts": "",
"section_id": 21
},
{
"act_id": 21,
"details": "viiiA. \tIn suits to set aside decrees passed for ascertained amounts - according to the amounts of the decrees sought to be set aside, or where such decrees are not for any ascertained amounts, the fee payable shall be the same as paid on the plaints of the suits in which the questioned decrees were passed: Provided that, where such amount exceeds the value of land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest:",
"name": "(viiiA)\tto set aside decrees;",
"related_acts": "",
"section_id": 22
},
{
"act_id": 21,
"details": "ix. In suits against a mortgage for the recovery of the property mortgaged,and in suits by a mortgage to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute according to the principal money expressed to be secured by the instrument of mortgage:",
"name": "(ix) \tto redeem;\tto foreclose;",
"related_acts": "",
"section_id": 23
},
{
"act_id": 21,
"details": "x. \tIn suits for specific performance (a) \tof a contract of sale - according to the amount of the consideration: (b) \tof a contract of mortgage - according to the amount agreed to be secured: (c) \tof a contract of lease - according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term: (d) \tof an award - according to the amount or value of the property in dispute:",
"name": "(x)\tfor specific performance;",
"related_acts": "",
"section_id": 24
},
{
"act_id": 21,
"details": "xii. \tIn suits not expressly provided for in this section, according to the value claimed, but such value shall not be less than a value which would attract a Court-fee of less than fifteen taka.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 21,
"details": "xi. \tIn the following suits between landlord and tenant: (a) \tfor the delivery by a tenant of the counterpart of a lease, (b) to enhance the rent of a tenant having a right of occupancy, (c) \tfor the delivery by a landlord of a lease, (cc) \tfor the recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy, (d) \tto contest a notice of ejectment, (e) \tto recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and (f) \tfor abatement of rent according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.",
"name": "(xi)\tbetween landlord and tenant;",
"related_acts": "",
"section_id": 26
},
{
"act_id": 21,
"details": "8. The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.",
"name": "Fee on memorandum of appeal against order relating to compensation",
"related_acts": "",
"section_id": 27
},
{
"act_id": 21,
"details": "138A. In every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit and his own valuation thereof unless such particulars and the valuation are contained in the plaint. The statement shall be in such form and shall contain such particulars as may be prescribed by the Government by notification in the official Gazette. In every such suit the plaintiff shall also, if the Court so directs, file a duplicate copy of the plaint and of the said statement.",
"name": "Statement of particulars of subject-matter of suits and plaintiff's valuation thereof",
"related_acts": "",
"section_id": 28
},
{
"act_id": 21,
"details": "8C. If the Court is of opinion that the subject-matter of any suit has been wrongly valued it may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.",
"name": "Inquiry as to valuation of suits",
"related_acts": "",
"section_id": 29
},
{
"act_id": 21,
"details": "8F. If in the result of an inquiry under section 8C the Court finds that the subject-mater of the suit has been under-valued the Court may order the party responsible for the under valuation to pay all or any part of the costs of the inquiry. If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion, order that all or any part of such costs shall be paid by the Government or by any party to the suit at whose instance the inquiry has been undertaken, and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.",
"name": "Costs of inquiry as to valuation and refund of excess fee",
"related_acts": "",
"section_id": 30
},
{
"act_id": 21,
"details": "8B.(1) In every suit in which a court-fee is payable under this Act on the plaint or memorandum of appeal the Court shall, on the date fixed for the appearance of the opposite party or as soon as may be thereafter, and in every case before proceeding to deliver judgment, record a finding whether a sufficient Court-fee has been paid. (2) If the Court records a finding that an insufficient court-fee has been paid on the plaint or memorandum of appeal the Court shall (a) stay all further proceedings in the suit until it has determined the proper amount of such court-fee payable and the plaintiff or the appellant, as the case may be, has paid such amount or until the date referred to in clause (b) as the case may be: Provided that if the plaintiff or appellant gives, within such time as the Court may allow, security, to the satisfaction of the Court, for the payment of any additional amount for which he may be found liable the Court may proceed with the suit, (b) fix a date before which the plaintiff or appellant shall pay the amount of court-fee due from him, as determined by the Court under clause (a). (3) If the plaintiff or appellant fails to give the security referred to in clause (a) of sub-section (2) or to pay the amount referred to in clause (b) of that sub-section within the time allowed or before the date fixed, by the Court, as the case may be, the suit shall be dismissed.",
"name": "Procedure where insufficient Court-fee is filed on plaint or memorandum of appeal",
"related_acts": "",
"section_id": 31
},
{
"act_id": 21,
"details": "8D.(1) For the purpose of an inquiry under section 8C the Court may depute, or issue a commission to , any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in the inquiry. (2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, dismiss the suit if such party is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand.",
"name": "Investigation to ascertain proper valuation",
"related_acts": "",
"section_id": 32
},
{
"act_id": 21,
"details": "8E.(1) The Court, when making an inquiry under section 8C and any person making an investigation under section 8D shall have, respectively, for the purposes of such inquiry or investigation, the powers vested in a Court under the Code of Civil Procedure, 1908, in respect of the following matters, namely: (a)\tenforcing the attendance of any person and examining him on oath or affirmation; (b) compelling the production of documents or material objects; and (c)\tissuing commissions for the examination of witnesses (2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding within the meaning of sections, 193 and 228 of the 14* * * Penal Code.",
"name": "Power of persons making inquiry under sections 8C and 8D",
"related_acts": "86",
"section_id": 33
},
{
"act_id": 21,
"details": "9 and 10. Repealed by section 9 of the Court-fees (Amendment) Act, 1935 ( Act No. VII of 1935).",
"name": "Repealed",
"related_acts": "",
"section_id": 34
},
{
"act_id": 21,
"details": "11.(1) Where, in any suit for mesne profits or for land and mesne profits or for an account, the fee which would have been payable if the suit had comprised the whole of the relief to which the Court finds the plaintiff to be entitled exceeds the fee actually paid, the Court shall require the plaintiff to pay an additional fee equal to the amount of the excess, and if such additional fee is not paid within such time as the Court may fix, the suit, or if a decree has previously been passed therein, so much of the claim as has not been so decreed, shall be dismissed: Provided that, where the additional fee is payable in respect of a portion of the claim which can be relinquished, that portion only shall be dismissed.",
"name": "Procedure in suits for mesne profits or accounts when amount found due exceeds amount claimed",
"related_acts": "",
"section_id": 35
},
{
"act_id": 21,
"details": "(2) Where in any such suit as is referred to in sub-section (1) the Court-fee paid is found to be in excess of the amount of fee which would be payable if the suit had been valued at the amount decreed, the decree-holder shall be entitled to the refund of the excess of Court-fee paid by him.",
"name": "Refund where amount decreed is less than amount claimed",
"related_acts": "",
"section_id": 36
},
{
"act_id": 21,
"details": "12. i. Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. ii. But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and thereafter: (a) \tif the party required to pay is the appellant or petitioner, the provisions of sub-sections (2) and (3) of section 8B shall, so far as may be, apply; (b) if the party required to pay is the respondent or the opposite party, the provisions of sub-section (2) of section 8B shall, so far as may be, apply, and, if such party fails to pay the fee required before the date fixed by the Court, the Court shall recover the amount of such fee from him as a public demand: Explanation.For the purposes of this section a question relating to the classification of any suit for the purpose of section 7 shall not be deemed to be a question relating to valuation.",
"name": "Decision of questions as to valuation",
"related_acts": "",
"section_id": 37
},
{
"act_id": 21,
"details": "13. If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, 1908, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in Order XLI, Rule 23 of the First Schedule to the said Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal: Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.",
"name": "Refund of fee paid on memorandum of appeal",
"related_acts": "86",
"section_id": 38
},
{
"act_id": 21,
"details": "14. Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.",
"name": "Refund of fee on application for review of judgment",
"related_acts": "",
"section_id": 39
},
{
"act_id": 21,
"details": "15. Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second Schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.",
"name": "Refund where Court reverses or modifies its former decision on ground of mistake",
"related_acts": "",
"section_id": 40
},
{
"act_id": 21,
"details": "16. Repealed by the Code of Civil Procedure, 1908 (V of 1908.",
"name": "Repealed",
"related_acts": "86",
"section_id": 41
},
{
"act_id": 21,
"details": "17.(1) In any suit in which two or more separate and distinct causes of action are joined and separate and distinct relief's are sought in respect of each, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees with which the plaints or memoranda of appeal would be chargeable under this Act in separate suits instituted in respect of each such cause of action: Provided that nothing in this sub-section shall be deemed to affect any power conferred by or under the Code of Civil Procedure, 1908, to order separate trials. (2) Where more relief's than one based on the same cause of action are sought either jointly or in the alternative, the fee shall be paid according to the value of the relief in respect of which the largest fee is payable.",
"name": "Multifarious suits",
"related_acts": "86",
"section_id": 42
},
{
"act_id": 21,
"details": "18. When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied - under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, 1898, the complainant shall pay a fee of 15fifty paisa unless the Court thinks fit to remit such payment.",
"name": "Written examinations of complainants",
"related_acts": "75",
"section_id": 43
},
{
"act_id": 21,
"details": "19. Nothing contained in this Act shall render the following documents chargeable with any fee: i.\tPower-of-attorney or other written authority to institute or defend a suit when executed by an officer, warrant-officer, non-commissioned officer or private of the 16Bangladesh Army not in civil employment. ii. \tRepealed by the Amending Act, 1891 (Act No. XII of 1891). iii.\tWritten statements called for by the Court after the first hearing of a suit. iv.\tRepealed by the Cantonment Act, 1889 (Act No. XIII of 1889). v-vii. \tOmitted by the Adaptation of Central Acts and Ordinances Order, 1949. viii. Probate of a will and letters of administration, where the amount or value of the property in respect of which the probate or letters shall be granted does not exceed two thousand taka. ix. \tApplication or petition to a Collector or other officer making a settlement of land-revenue, or to the 17National Board of Revenue or the Commissioner, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement. x. \tApplication relating to a supply for irrigation of water belonging to Government. xi. \tApplication for leave to extend cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. xii. \tApplication for service of notice of relinquishment of land or of enhancement of rent. xiii. \tWritten authority to an agent to distrain. xiv. \tFirst application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in court. xv. \tBail bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise. xvi. \tOmitted by the Adaptation of Central Acts and Ordinances Order, 1949. xvii. \tPetition by a prisoner, or other person in duress or under restraint of any Court or its officers. xviii.\tComplaint of a public servant (as defined in the 18* * * Penal Code), a municipal officer 19* * *. xix. Application for permission to cut timber in Government forests, or otherwise relating to such forests. xx. \tApplication for the payment of money due by Government to the applicant. xxi. \tPetition of appeal against the choukidari assessment under Act No. XX of 1856, or against any municipal tax. xxii. \tApplications for compensation under any law for the time being in force relating to the acquisition of property for public purposes. xxiii.\tOmitted by the Adaptation of Central Acts and Ordinances Order, 1949. xxiv. Petition under the Christian Marriage Act, 1872, sections 45 and 48. xxv. \tPetition of appeal by Government servants or servants of a Court of Wards against orders of dismissal, reduction or suspension; copies of such orders filed with such appeals, and applications for obtaining such copies.",
"name": "Exemption of certain documents",
"related_acts": "27",
"section_id": 44
},
{
"act_id": 21,
"details": "19D. The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.",
"name": "Probates declared valid as to trust-property though not covered by court-fee",
"related_acts": "",
"section_id": 45
},
{
"act_id": 21,
"details": "19F. In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.",
"name": "Administrator to give proper security before letters stamped under section 19E",
"related_acts": "",
"section_id": 46
},
{
"act_id": 21,
"details": "19-I.(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the Third Schedule, and the Court is satisfied that the fee mentioned in No. 11 of the First Schedule has been paid on such valuation. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19H, sub-section (4).",
"name": "Payment of court-fees in respect of probates and letters of administration",
"related_acts": "",
"section_id": 47
},
{
"act_id": 21,
"details": "19J.(1) Any excess fee found to be payable on an inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G, may, on the certificate of the Chief Revenue authority, be recovered from the executor or administrator as if it were an arrear of land revenue by any Collector. (2) The Chief Revenue-authority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any court-fee under section 19E in excess of the full court-fee which ought to have been paid.",
"name": "Recovery of penalties, etc.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 21,
"details": "19K. Nothing in section 6 or section 28 shall apply to probates or letters of administration.",
"name": "Section 6 and 28 not to apply to probates or letters of administration",
"related_acts": "",
"section_id": 49
},
{
"act_id": 21,
"details": "19A. Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the value of the property has been ascertained, such person produces the probate or letters to the Chief Revenue-Authority for the local area in which the probate or letters has or have been granted, (a) cancel the stamp on the probate or letters if such stamp has not been already cancelled; (b) substitute another stamp for denoting the court-fee which should have been paid thereon; and (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.",
"name": "Relief where too high a court-fee has been paid",
"related_acts": "",
"section_id": 50
},
{
"act_id": 21,
"details": "19B. Whenever it is proved to the satisfaction of such authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount of value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, Such authority may return the difference, provided the same be claimed with in three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.",
"name": "Relief where debts due from a deceased person have been paid out of his estate",
"related_acts": "",
"section_id": 51
},
{
"act_id": 21,
"details": "19C. Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees than actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.",
"name": "Relief in case of several grants",
"related_acts": "",
"section_id": 52
},
{
"act_id": 21,
"details": "19E. Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Revenue-authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five-times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said Authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.",
"name": "Provision for case where too low a court-fee has been paid on probates, etc.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 21,
"details": "19G. Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand taka and also a further sum at the rate of ten taka percent on the amount of the sum wanting to make up the proper court-fee.",
"name": "Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment",
"related_acts": "",
"section_id": 54
},
{
"act_id": 21,
"details": "2119H.(1) Where an application for probate or letters of administration is made to any Court other than the High Court Division, the Court shall cause notice of the application to be given to the Collector. (2) Where such an application as aforesaid is made to the High Court Division, the High Court Division shall cause notice of the application to be given to the Chief Revenue Authority for the local area in which the High Court Division is situated. (3) The Collector within the local limits of whose revenue- jurisdiction the property of the deceased or any part thereof, is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and if he is still of opinion that the value of the property has been under estimated, may require the petitioner to amend the valuation. (4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquire into the true value of the property: Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 317 of the Succession Act, 1925. (5) The Court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry. (6) For the purposes of any such inquiry, the Court or person authorized by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorized as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous. (7) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Revenue-Authority of any application under section 19E. (8) The Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).",
"name": "Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon",
"related_acts": "138",
"section_id": 55
},
{
"act_id": 21,
"details": "All such rules, alterations and additions shall, after being confirmed by the Government be published in the official Gazette, and shall thereupon have the force of law. Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this Act.",
"name": "Confirmation and publication of rules",
"related_acts": "",
"section_id": 56
},
{
"act_id": 21,
"details": "20. The 22Supreme Court shall, as soon as may be, make rules as to the following matters:- i.\tthe fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts established within the local limits of such jurisdiction; ii. the fees chargeable for serving and executing processes issued by the Criminal Courts established within such limits in the case of offences other than offences for which police-officers may arrest without a warrant; and iii. \tthe remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes. The 23Supreme Court may from time to time alter and add to the rules so made.",
"name": "Rules as to costs of processes",
"related_acts": "",
"section_id": 57
},
{
"act_id": 21,
"details": "21. A table in the English and Vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each Court.",
"name": "Tables of process-fees",
"related_acts": "",
"section_id": 58
},
{
"act_id": 21,
"details": "22. Subject to rules to be made by the 24Supreme Court and approved by the 25President, every District Judge and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court and each of the Courts subordinate thereto,",
"name": "Number of peons in District and subordinate Courts",
"related_acts": "",
"section_id": 59
},
{
"act_id": 21,
"details": "and for the purposes of this section, every Court of Small Causes established under the Small Cause Courts Act, 1887 26*** shall be deemed to be subordinate to the Court of the District Judge.",
"name": "Number of peons in Mofussil Small Cause Courts",
"related_acts": "58",
"section_id": 60
},
{
"act_id": 21,
"details": "23. Subject to rules to be framed by the Chief Revenue authority and approved by the Government every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.",
"name": "Number of peons in Revenue Courts",
"related_acts": "",
"section_id": 61
},
{
"act_id": 21,
"details": "24. Repealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 62
},
{
"act_id": 21,
"details": "2725. (1) All Fees referred to in section 3 or chargeable under this Act, shall be collected either by receipts or stamps or through electronically or digitally or, in case of scarcity of stamps or non- availability of electronic or digital means, in cash: Provided that fees chargeable for serving and executing processes issued by a Certificate-officer in the proceedings in execution of certificates filed for recovery of land revenue or rent may be collected in cash or through electronically or digitally. (2) The Government may, for the purpose of sub-section (1), appoint any Scheduled Bank, mobile operator, mobile phone based financial service (MFS), authority or agent, as it deems fit, to receive such fees. (3) When a Scheduled Bank, mobile operator, mobile phone based financial service (MFS), authority or agent receives fees through electronically or digitally, it shall grant a receipt or e-receipt accordingly.",
"name": "Collection of Fees by stamps or through electronically or digitally, etc.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 21,
"details": "26. The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the Government may, by notification in the official Gazette from time to time direct.",
"name": "Stamps to be impressed or adhesive",
"related_acts": "",
"section_id": 64
},
{
"act_id": 21,
"details": "27. The Government may, from time to time, make rules for regulating (a) \tthe supply of stamps to be used under this Act, (b) \tthe number of stamps to be used for denoting any fee chargeable under this Act, (c) \tthe renewal of damaged or spoiled stamps, 28*** (d) \tthe keeping accounts of all stamps used under this Act29, (e) the collection of fees through electronically or digitally, and (f) the mode of refund of fees under section 37: Provided that, in the case of stamps, used under section 3 in the High Court Division, such rules shall be made with the concurrence of the Chief Justice of 30the Supreme Court. All such rules shall be published in the official Gazette and shall thereupon have the force of law.",
"name": "Rules for supply, number, renewal and keeping accounts of stamps",
"related_acts": "",
"section_id": 65
},
{
"act_id": 21,
"details": "28. No document for which fee is payable under this Act shall be of any validity, unless and until it is properly stamped or supported by proper receipt. But, if any such document is through mistake or inadvertence received, filed or used in any court or office without being properly stamped or supported by proper receipt, the presiding judge or the Head of the office, as the case may be, or, in the case of the High Court Division, any Judge of such court, may, if he thinks fit, order that such document be stamped or supported by receipt as he may direct; and, on such document being stamped or supported by receipt accordingly the same and every proceeding relating thereto shall be as valid as if it had been properly stamped or supported by receipt in the first instance.",
"name": "Stamping documents inadvertently received",
"related_acts": "",
"section_id": 66
},
{
"act_id": 21,
"details": "29. Where any such document is amended in order merely to correct mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose fresh stamp or receipt.",
"name": "Amended document",
"related_acts": "",
"section_id": 67
},
{
"act_id": 21,
"details": "30. No document requiring a fee under this Act shall be filed or acted upon in any proceeding in any court or office until the stamp or the receipt has been cancelled. Such Officer as the court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out 31Shapla so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.The receipt filed along with any document shall be cancelled with the word \"Cancelled\" thereon under the signature of an officer in whose office it is filed: Provided that if any document bearing a Court-fee stamp of a design current in 32Pakistan immediately before the twenty sixth day of March, 1971, and still current in Bangladesh is presented to the proper officer, he shall forthwith effect the cancellation by punching out the figure-head so as to leave the amount designated untouched.",
"name": "Cancellation of stamp",
"related_acts": "",
"section_id": 68
},
{
"act_id": 21,
"details": "31. Repealed by section 163 of the Code of Criminal Procedure Amendment Act 1923, (Act No. XVIII of 1923).",
"name": "Repealed",
"related_acts": "",
"section_id": 69
},
{
"act_id": 21,
"details": "32. Repealed by the Amending Act 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 70
},
{
"act_id": 21,
"details": "33. Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.",
"name": "Administration in criminal cases of documents for which proper fee has not been paid",
"related_acts": "",
"section_id": 71
},
{
"act_id": 21,
"details": "3334A. Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Act, the Court may, in its discretion, from time to time enlarge such period, even though the period originally fixed or granted may have expired.",
"name": "Enlargement of time",
"related_acts": "",
"section_id": 72
},
{
"act_id": 21,
"details": "34.(1) The Government may, from time to time, make rules for regulating the sale of stamps or granting of receipts to be used under this Act, the person by whom alone such sale is to be conducted or grant is to be made, and the duties and remunerations of such persons. (2) All such rules shall be published in the official Gazette, and shall thereupon have the force of law. (3) Any person, appointed to sell stamps or grant receipts, who disobeys any rule made under this section, and any person, not so appointed, who sells or offers for sale any stamp or grants or offers to grant any receipt, shall be punished with imprisonment for a term which may extend to six months, or with fine, which may extend to 34fifty thousand taka, or with both.",
"name": "Sale of stamps",
"related_acts": "",
"section_id": 73
},
{
"act_id": 21,
"details": "35.(1) The Government may from time to time subject to such conditions or restrictions as it may think fit to impose, by notification in the official Gazette, suspend the payment of or reduce or remit, in the whole of 35Bangladesh or in any part thereof, all or any of the fees mentioned in the first and 2nd schedules to this Act annexed and may in like manner cancel or vary such order. (2) The Government may, from time to time by rules prescribe the manner in which any fee the payment of which is suspended under sub-section (1) may be realized and for this purpose direct that such fee may be recovered as a public demand.",
"name": "Power to suspend, reduce or remit fees",
"related_acts": "",
"section_id": 74
},
{
"act_id": 21,
"details": "3635A.(1) The ad valorem fees leviable on the institution of suits specified in Schedule I as amended before the promulga-tion of the Court-fees (Amendment) Ordinance, 1962, by any Central or Provincial Act shall be reduced by fifteen per centum where the value of the subject-matter exceeds two thousand taka but does not exceed fifteen thousand taka and shall be increased by fifteen per centum where the value of the subject-matter exceeds fifteen thousand taka: Provided that the proper Court-fee, where the value of the subject-matter exceeds two thousand taka but does not exceed two thousand four hundred taka, shall be two hundred eighty-one taka and twenty-five poisha. (2) The amount of fee leviable after reduction of increase provided for in sub-section (1) shall be calculated to the nearest taka or half taka, whichever it may be.",
"name": "Variation of rates",
"related_acts": "",
"section_id": 75
},
{
"act_id": 21,
"details": "36. Nothing in Chapters II and V of this Act applies to the fees which any officer of the High Court Division is allowed to receive in addition to a fixed salary.",
"name": "Saving of fees to certain officers of the High Court Division",
"related_acts": "",
"section_id": 76
},
{
"act_id": 21,
"details": "3737. Fees refundable under this Act or any other law may be refunded through electronically or digitally.",
"name": "Mode of refund",
"related_acts": "",
"section_id": 77
}
],
"text": ""
} |
{
"id": 22,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Throughout this Act, except otherwise provided, the words “Government” and “Taka” were substituted, for the words “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"3 Sub-section (2) was substituted, for the former sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word “Pakistan” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word “Government” was substituted, for the word “Province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words Comma and figure “Municipal Administration Ordinance, 1960” were substituted, for the words “Bengal Municipal Act” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words, brackets, comma and figure “Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972” were substituted, for the words “Bengal Village self-Government Act, 1919” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The word “Paurashava” was substituted, for the word “Municipality” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The words “Union Parishad” were substituted, for the words “Union Board” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Cattle-trespass Act, 1871",
"num_of_sections": 42,
"published_date": "13th January, 1871",
"related_act": [
430,
22
],
"repelled": false,
"sections": [
{
"act_id": 22,
"details": "1. (1) This Act may be called the Cattle-trespass Act, 1871; and 3(2) It extends to the whole of Bangladesh.",
"name": "Title and extent",
"related_acts": "22",
"section_id": 1
},
{
"act_id": 22,
"details": "2. Repealed by the Repealing Act,1938 (Act No. I of 1938).",
"name": "Repeal of Acts\tReferences to repealed Acts",
"related_acts": "",
"section_id": 2
},
{
"act_id": 22,
"details": "3. In this Act,- \"officer of police\" includes also village-watchmen, and \"cattle\" includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids, and “local authority” means anybody of persons for the time being invested by law with the control and administration of any matters within a specified local area, and \"local fund\" means any fund under the control or management of a local authority.",
"name": "Interpretation- clause",
"related_acts": "",
"section_id": 3
},
{
"act_id": 22,
"details": "4. Pounds shall be established at such places as the Magistrate of the District, subject to the general control of the Government, from time to time directs. The village by which every pound is to be used shall be determined by the Magistrate of the District.",
"name": "Establishment of pounds",
"related_acts": "",
"section_id": 4
},
{
"act_id": 22,
"details": "5. The pounds shall be under the control of the Magistrate of the District; and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.",
"name": "Control of pounds\tRates of charge for feeding impounded cattle",
"related_acts": "",
"section_id": 5
},
{
"act_id": 22,
"details": "6. The Government shall appoint a pound-keeper for every pound.",
"name": "Appointment of pound-keepers",
"related_acts": "",
"section_id": 6
},
{
"act_id": 22,
"details": "Any pound-keeper may hold simultaneously any other office under the Government.",
"name": "Pound-keepers may hold other offices",
"related_acts": "",
"section_id": 7
},
{
"act_id": 22,
"details": "Every pound-keeper shall be deemed to be a public servant within the meaning of the 4* * * Penal Code.",
"name": "Pound-keepers to be “public servants”",
"related_acts": "",
"section_id": 8
},
{
"act_id": 22,
"details": "7. Every pound-keeper shall keep such registers and furnish such returns as the Government from time to time directs.",
"name": "To keep registers and furnish returns",
"related_acts": "",
"section_id": 9
},
{
"act_id": 22,
"details": "8. When cattle are brought to a pound, the pound-keeper shall enter in his register,- (a) the number and description of the animals, (b) the day and hour on and at which they were so brought, (c) the name and residence of the seizure, and (d) the name and residence of the owner, if known, and shall give the seizure or his agent a copy of the entry.",
"name": "To register seizures",
"related_acts": "",
"section_id": 10
},
{
"act_id": 22,
"details": "9. The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.",
"name": "To take charge of and feed cattle",
"related_acts": "",
"section_id": 11
},
{
"act_id": 22,
"details": "10. The cultivator or occupier of any land, or any person who has advanced cash for the cultivation of the crop or produce on any land, or the vendee or mortgagec of such crop or produce or any part thereof, may seize or cause to be seized any cattle trespassing on such land, and doing damage thereto or to any crop or produce thereon, and send them or cause them to be sent within twenty-four hours to the pound established for the village in which the land is situate.",
"name": "Cattle damaging land",
"related_acts": "",
"section_id": 12
},
{
"act_id": 22,
"details": "All officers of police shall, when required, aid in preventing (a) resistance to such seizures, and (b) rescues from persons making such seizures.",
"name": "Police to aid seizures",
"related_acts": "",
"section_id": 13
},
{
"act_id": 22,
"details": "11. Persons in charge of public roads, pleasure-grounds, plantations, canals, drainage-works, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments and the like, or the sides or slopes of such roads, canals, drainage-works or embankments or found straying thereon, and shall send them or cause them to be sent within twenty-four hours to the nearest pound.",
"name": "Cattle damaging public roads, canals and embankments",
"related_acts": "",
"section_id": 14
},
{
"act_id": 22,
"details": "12. For every head of cattle impounded as aforesaid, the pound-keepers shall levy a fine in accordance with the scale for the time being prescribed by the Government in this behalf by notification in the official Gazette. Different scales may be prescribed for different local areas.All fines so levied shall be sent to the Magistrate of the District through such officers as the Government may direct.",
"name": "Fines for cattle impounded",
"related_acts": "",
"section_id": 15
},
{
"act_id": 22,
"details": "A list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound.",
"name": "List of fines and charges for feeding",
"related_acts": "",
"section_id": 16
},
{
"act_id": 22,
"details": "13. If the owner of the impounded cattle or his agent appear and claim the cattle, the pound-keeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle. The owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the pound-keeper.",
"name": "Procedure when owner claims the cattle and pays fines and charges",
"related_acts": "",
"section_id": 17
},
{
"act_id": 22,
"details": "14. If the cattle be not claimed within seven days from the date of their being impounded, the pound-keeper shall report to the fact to the officer in change of the nearest police-station, or to such other officer as the Magistrate of the District appoints in this behalf. Such officer shall thereupon stick up in a conspicuous part of his office a notice stating (a) the number and description of the cattle, (b) the place where they were seized, (c) the place where they are impounded, and shall cause proclamation of the same to be made by beat of drum in the village and at the market-place nearest to the place of seizure. If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the Magistrate of the District by general or special order from time to time directs: Provided that, if any such cattle are, in the opinion of the Magistrate of the District, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.",
"name": "Procedure if cattle be not claimed within a week",
"related_acts": "",
"section_id": 18
},
{
"act_id": 22,
"details": "15. If the owner or his agent appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him.",
"name": "Delivery to owner disputing legality of seizure but making deposit",
"related_acts": "",
"section_id": 19
},
{
"act_id": 22,
"details": "16. If the owner or his agent appear and refuse or omit to pay or (in the case mentioned in section 15) to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, and subject to such conditions, as are referred to in section 14.",
"name": "Procedure when owner refuses or omits to pay the fines and expenses",
"related_acts": "",
"section_id": 20
},
{
"act_id": 22,
"details": "The fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale.",
"name": "Deduction of fines and expenses",
"related_acts": "",
"section_id": 21
},
{
"act_id": 22,
"details": "The remaining cattle and the balance of the purchase-money, if any, shall be delivered to the owner or his agent, together with an account showing- (a) \tthe number of cattle seized, (b) \tthe time during which they have been impounded, (c) \tthe amount of fines and charges incurred, (d) \tthe number of cattle sold, (e) \tthe proceeds of sale, and (f) \tthe manner in which those proceeds have been disposed of.",
"name": "Delivery of unsold cattle and balance of proceeds",
"related_acts": "",
"section_id": 22
},
{
"act_id": 22,
"details": "The owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchase-money (if any) paid to him according to such account.",
"name": "Receipt",
"related_acts": "",
"section_id": 23
},
{
"act_id": 22,
"details": "17. The officer by whom the sale was made shall send to the Magistrate of the District the fines so deducted. The charges for feeding and watering deducted under section 16 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charges under section 13. The surplus unclaimed proceeds of the sale of cattle shall be sent to the Magistrate of the District, who shall hold them in deposit for three months, and, if no claim thereto be preferred and established within that period, shall, at its expiry, be deemed to hold them as part of the revenues of the 5Government.",
"name": "Disposal of fines, expenses and surplus proceeds of sale",
"related_acts": "",
"section_id": 24
},
{
"act_id": 22,
"details": "18. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 25
},
{
"act_id": 22,
"details": "19. No officer of police or other officer or pound-keeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle as a sale under this Act.",
"name": "Officers and pound-keepers not to purchase cattle at sales under Act",
"related_acts": "",
"section_id": 26
},
{
"act_id": 22,
"details": "No pound-keeper shall release or deliver any impounded cattle otherwise than in accordance with the former part of this Chapter, unless such release or delivery is ordered by a Magistrate or Civil Court.",
"name": "Pound-keepers when not to release impounded cattle",
"related_acts": "",
"section_id": 27
},
{
"act_id": 22,
"details": "20. Any person whose cattle have been seized under this Act, or, having been so seized, have detained in contravention of this Act, may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the District or any Magistrate authorized to receive and try charges without reference by the Magistrate of the District.",
"name": "Power to make complaints",
"related_acts": "",
"section_id": 28
},
{
"act_id": 22,
"details": "21. The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. It may be either in writing or verbal. If it be verbal, the substance of it shall be taken down in writing by the Magistrate. If the Magistrate, on examining the complainant or his agent, sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.",
"name": "Procedure on complaint",
"related_acts": "",
"section_id": 29
},
{
"act_id": 22,
"details": "22. If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred Taka, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle,",
"name": "Compensation for illegal seizure or detention",
"related_acts": "",
"section_id": 30
},
{
"act_id": 22,
"details": "and, if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure or detained the cattle.",
"name": "Release of cattle",
"related_acts": "",
"section_id": 31
},
{
"act_id": 22,
"details": "23. The compensation, fines and expenses mentioned in section 22 may be recovered as if they were fined imposed by the Magistrate.",
"name": "Recovery of compensation",
"related_acts": "",
"section_id": 32
},
{
"act_id": 22,
"details": "24. Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever rescues the same after seizure, either from a pound, or from any person taking or about to take them to a pound, such person being near at hand and acting under the powers conferred by this Act, shall, on conviction before a Magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred Taka, or with both.",
"name": "Penalty for forcibly opposing the seizure of cattle or rescuing the same",
"related_acts": "",
"section_id": 33
},
{
"act_id": 22,
"details": "25. Any fine imposed under the next following section or for the offence of mischief by causing cattle to trespass on any land may be recovered by sale of all or any of the cattle by which the trespass was committed, whether they were seized in the act of trespassing or not, and whether they are the property of the person convicted of the offence, or were only in his charge when the trespass was committed.",
"name": "Recovery of penalty for mischief committed by causing cattle to trespass",
"related_acts": "",
"section_id": 34
},
{
"act_id": 22,
"details": "26. Any owner or keeper of pigs who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on conviction before a Magistrate, be punished with fine not exceeding ten Taka. The Government, by notification in the official Gazette, may from time to time, with respect to any local area specified in the notification, direct that the foregoing portion of this section shall be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to pigs only, or as if the words “fifty taka\" were substituted for the words “ten taka\" or as if there were both such reference and such substitution.",
"name": "Penalty for damage caused to land or crops or public roads by pigs",
"related_acts": "",
"section_id": 35
},
{
"act_id": 22,
"details": "27. Any pound-keeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this Act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a Magistrate, with fine not exceeding fifty Taka. Such fines may be recovered by deductions from the pound-keeper's salary.",
"name": "Penalty on pound-keeper failing to perform duties",
"related_acts": "",
"section_id": 36
},
{
"act_id": 22,
"details": "28. All fines recovered under section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss or damage proved to the satisfaction of the convicting Magistrate.",
"name": "Application of fines recovered under sections 25, 26 or 27",
"related_acts": "",
"section_id": 37
},
{
"act_id": 22,
"details": "29. Nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent Court.",
"name": "Saving of right to sue for compensation",
"related_acts": "",
"section_id": 38
},
{
"act_id": 22,
"details": "30. Any compensation paid to such person under this Act by order of the convicting Magistrate shall be set-off and deducted from any sum claimed by or awarded to him as compensation in such suit.",
"name": "Set- off",
"related_acts": "",
"section_id": 39
},
{
"act_id": 22,
"details": "31. The Government may, from time to time, by notification in the official Gazette,- transfer to any local authority within any part of the territories under its administration in which this Act is in operation, all or any of the functions of the Government or the Magistrate of the District under this Act, within the local area subject to the jurisdiction of the local authority.",
"name": "Power for Government to transfer certain functions to local authority and direct credit of surplus receipts to local fund",
"related_acts": "",
"section_id": 40
},
{
"act_id": 22,
"details": "32.(1) The Magistrate of the District may appoint for the purposes of this Act, a Chairman of a 6Paurashava constituted under the 7Municipal Administration Ordinance, 1960; or a President of a 8Union Parishad constituted under 9Bangladesh Local Council and Municipal Committee (Dissolution and Administration) Order, 1972; to discharge the functions of an officer appointed under section 14, in respect of cattle impounded within the area included within that 10Paurashava or within the area subject to the jurisdiction of that Union Parishad, as the case may be: Provided that a Chairman or President so appointed may, by general or special order, delegate to the Vice-Chairman of such 11Pasurashava or the Vice-President of such 12Union Parishad as the case may be, all or any of the functions of an officer appointed under section 14 which such Chairman or President is entitled to discharge and may at any time withdraw the same. (2) A Chairman or President so appointed, or a Vice-Chairman or Vice-President to whom the Chairman or the President, as the case may be, may have delegated all or any of the functions referred to in sub-section (1), shall, not, directly or indirectly, purchase any cattle at a sale under this Act.",
"name": "Power for Magistrate of the District to appoint the Chairman of Municipalities or President, of Union Boards to discharge the functions of an officer under section 14",
"related_acts": "",
"section_id": 41
},
{
"act_id": 22,
"details": "33. The Magistrate of the District may, by an order in writing, delegate the powers specified below to any Magistrate subordinate to him: (1)\tthe determination of the manner of disposal or unclaimed impounded cattle under the proviso to section 14; and (2)\tthe settlement of claims in respect of surplus unclaimed proceeds of the sale of cattle held in deposit under section 17.",
"name": "Delegation of certain powers of the Magistrate of the District",
"related_acts": "",
"section_id": 42
}
],
"text": "2♣An act to consolidate and amend the law relating to Trespasses by Cattle. Preamble WHEREAS it is expedient to consolidate and amend the law relating to trespass by cattle; It is enacted hereby follows:-"
} |
{
"id": 23,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Central Government” or “the Provincial Government” or “appropriate Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Central Government” or “the Provincial Government” or “appropriate Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “The” was substituted, for the words “In each Province the” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Pensions Act, 1871",
"num_of_sections": 16,
"published_date": "8th August, 1871",
"related_act": [
430,
23
],
"repelled": false,
"sections": [
{
"act_id": 23,
"details": "1. This Act may be called the Pensions Act, 1871.",
"name": "Short title",
"related_acts": "23",
"section_id": 1
},
{
"act_id": 23,
"details": "It extends to the whole of Bangladesh.",
"name": "Extent of Act",
"related_acts": "",
"section_id": 2
},
{
"act_id": 23,
"details": "2. Repealed by the Repealing Act, 1938.",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 23,
"details": "3. In this Act, the expression \"grant of money or land-revenue\" includes anything payable on the part of Government in respect of any right, privilege, perquisite or office.",
"name": "Interpretation-section",
"related_acts": "",
"section_id": 4
},
{
"act_id": 23,
"details": "3A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Repealed",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 23,
"details": "4. Except as hereinafter provided, no Civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the Government or any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.",
"name": "Bar of suits relating to pensions",
"related_acts": "",
"section_id": 6
},
{
"act_id": 23,
"details": "5. Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other officer authorized in this behalf by the Government; and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such rules as the Chief Revenue-authority may, subject to the general control of the Government, from time to time prescribe in this behalf.",
"name": "Claims to be made to Collector or other authorized officer",
"related_acts": "",
"section_id": 7
},
{
"act_id": 23,
"details": "6. A Civil Court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.",
"name": "Civil Court empowered to take cognizance of such claims",
"related_acts": "",
"section_id": 8
},
{
"act_id": 23,
"details": "7. Nothing in sections 4 and 6 applies to- pensions heretofore granted by Government in the territories subject to the Lieutenant-Governor of Bengal, either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pension shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property.",
"name": "Pensions for lands held under grants in perpetuity",
"related_acts": "",
"section_id": 9
},
{
"act_id": 23,
"details": "8. All pensions or grants by Government of money or land-revenue shall be paid by the Collector or the Deputy Commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the Chief Controlling Revenue-authority.",
"name": "Payment to be made by Collector or other authorized officer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 23,
"details": "9. Nothing in sections 4 and 8 shall affect the right of a grantee of land-revenue, whose claim to such grant is admitted by Government, to recover such revenue from the persons liable to pay the same under any law for the time being in force for the recovery of the rent of land.",
"name": "Saving of rights of grantees of land-revenue",
"related_acts": "",
"section_id": 11
},
{
"act_id": 23,
"details": "10. The Government may, with the consent of the holder, order the whole or any part of his pension or grant of money or land-revenue to be commuted for a lump sum on such terms as may seem fit.",
"name": "Commutation of pensions",
"related_acts": "",
"section_id": 12
},
{
"act_id": 23,
"details": "11. No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance,and no money due or to become due on account of any such pension or allowance,shall be liable to seizure, attachment or sequestration by process of any Court in Bangladesh, at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such Court. This section applies in Bangladesh also to pensions granted or continued, after the separation of Burma from India, by the Government of Burma.",
"name": "Exemption of pension from attachment",
"related_acts": "",
"section_id": 13
},
{
"act_id": 23,
"details": "12. All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.",
"name": "Assignments, etc., in anticipation of pension, to be void",
"related_acts": "",
"section_id": 14
},
{
"act_id": 23,
"details": "13. Whoever proves to the satisfaction of the Government that any pension is fraudulently or unduly received by the person enjoying the benefit thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six months.",
"name": "Reward to informers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 23,
"details": "14. 3The Chief Controlling Revenue-authority may, with the consent of the Government, from time to time make rules consistent with this Act respecting all or any of the following matters:- (1) the place and times at which, and the person to whom, any pension shall be paid; (2) \tinjuries into the identity of claimants; (3) \trecords to be kept on the subject of pensions; (4) \ttransmission of such records; (5) \tcorrection of such records; (6) \tdelivery of certificates to pensioners (7) \tregisters of such certificates; (8) reference to the Civil Court, under section 6, of persons claiming a right of succession to, or participation in, pensions or grants of money or land-revenue payable by Government; and generally for the guidance of officers under this Act. All such rules shall be published in the official Gazette, and shall thereupon have the force of law.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
}
],
"text": "2♣An Act to consolidate and amend the law relating to Pensions and Grants by Government of money or land-revenue. Preamble WHEREAS it is expedient to consolidate and amend the law relating to pensions and grants by Government of money or land-revenue; It is enacted as follows:-"
} |
{
"id": 24,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"rupees\" or \"Rs.\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"rupees\" or \"Rs.\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, commas and figures \"Army Act, 1952, the Naval Discipline Ordinance, 1961 or the Air Force Act, 1953\" were substituted, for the words, commas and figures \"Army Act, the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934, or the Air Force Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words “and includes any digital record” were inserted by section 2(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"5 The expression “Digital record” or “electronic record” was inserted by section 2(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"6 Sub-clause (3) was inserted after Sub-clause (2) by section 2(c)(i) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"7 The expressions \"Digital Signature\" or \"electronic Signature\", \"Digital Signature Certificate\" and \"Certifying Authority\" were inserted by section 2(c)(ii) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"8 The word \"Advocate\" was substituted, for the word \"vakils\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The word \"Khulna\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 The word \"Pabna\" was substituted, for the word \"Multan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The word \"Dhaka\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The word \"Dhaka\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The words “or contained in digital record” were inserted by section 3 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"14 The word \"Dhaka\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The word \"Dhaka\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 Section 22A was inserted by section 4 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"17 The word \"Advocate\" was substituted, for the words and commas \"barrister, pleader, attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"18 The figure \"1898\" was substituted, for the figure \"1882\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"19 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"20 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"21 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"22 The words “or digital record” were inserted after the word “account” by section 5(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"23 The words “or digital record” were inserted after the word “account” by section 5(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"24 The words “or digital record” were inserted after the word “record” by section 6(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"25 The comma and words “, record or digital record” were substituted for the words “or record” by section 6(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"26 The comma and words “, record or digital record” were substituted for the words “or record” by section 6(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"27 The comma and words “, plans and digital record” were substituted for the words “and plans” by section 7(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"28 The words and comma “maps, charts or digital record” were substituted for the words “maps or charts” by section 7(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"29 The words and comma “maps, plans or digital record” were substituted for the words “maps or plans” by section 7(c) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"30 The words and comma “maps, charts, plans or digital record” were substituted for the words and comma “maps, charts or plans” by section 7(d) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"31 The words \"Act of Parliament\" were substituted, for the words and commas \"Act of the Central Legislature, or of any other legislative authority in Pakistan, constituted by any laws for the time being in force\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"32 The words and comma \"or notification by the Crown Representative appearing in the official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, Colony or possession of His Majesty\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"33 The words and comma “book, digital record” were substituted for the word “book” by section 8(a) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"34 The words and comma “forms part of a book, or of part of a digital record” were substituted for the words and comma “forms part of a book,” by section 8(b) of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"35 Section 45 was substituted by section 9 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"36 Section 45A was inserted by section 10 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"37 Section 47A was inserted by section 11 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"38 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"39 Clause (1) was substituted, for the former clause (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"40 The words \"any Legislature which had Power to legislate in respect of territories now comprised in Bangladesh\" were substituted, for the words \"the Central Legislature and any Legislature established under any laws for the time being in force in Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"41 Clause (6) was substituted, for the former clause (6) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"42 The words \"under the dominion\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"43 The words and commas “attorneys, proctors, vakils, pleaders” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"44 Sections 65A was inserted by section 12 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"45 Sections 65B was inserted by section 12 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"46 Section 67A was inserted by section 13 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"47 Sections 73A was inserted by section 14 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"48 Sections 73B was inserted by section 14 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"49 Clause (1) was substituted, for the former clause (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"50 The words and comma \"Parliament and of any legislature which had power to legislate in respect of territories now comprised in Bangladesh,\" were substituted, for the word “Legislatures” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"51 The word “concerned” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"52 The words \"Act of Parliament\" were substituted, for the words “Central Act” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"53 The word “Government” was substituted, for the words and comma “Central Government or a Provincial Government, or by any officer in an Acceding State or non-Acceding State who is duly authorized thereto by the Central Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"54 Section 81A was inserted by section 15 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"55 The words \"every book or Gazette\" were substituted, for the words “every book” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"56 The words \"every book or Gazette\" were substituted, for the words “every book” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"57 Sections 85A was inserted by section 16 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"58 Sections 85B was inserted by section 16 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"59 Sections 85C was inserted by section 16 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"60 Section 88A was inserted by section 17 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"61 Section 89A was inserted by section 18 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"62 Section 90A was inserted by section 19 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"63 The word \"Dhaka\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"64 The word \"Dhaka\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"65 The word \"Narayanganj\" was substituted, for the word \"Keamari\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"66 The word \"Narayanganj\" was substituted, for the word \"Keamari\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"67 The word \"Saidpur\" was substituted, for the word \"Haidarabad\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"68 The words \"Saidpur in Khulna or Saidpur in Rangpur\" were substituted, for the words \"Haiderabad in the Dekkhan or Haiderabad in Sind\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"69 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words \"Indian Succession Act (X of 1865)\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"70 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"71 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"72 The word \"Advocate\" was substituted, for the words \"barrister, pleader, attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"73 The word \"Advocate\" was substituted, for the words \"barrister, pleader, attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"74 The word \"Advocate\" was substituted, for the words \"barrister, pleader, attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"75 The word \"advocate\" was substituted, for the word \"attorney\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"76 The word \"Advocate\" was substituted, for the words \"barrister, pleader, attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"77 The colon (:) was substituted for the full-stop (.) and the proviso was added by section 20 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"78 The word \"advocate\" was substituted, for the word \"barrister\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"79 The word \"client\" was substituted, for the words \"attorney or vakil\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"80 The word \"Advocate\" was substituted, for the words \"barrister, pleader, vakil or attorney\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"81 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"82 The word \"Advocate\" was substituted, for the words \"barrister, pleader, vakil or attorney\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"83 The word \"Khulna\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"84 The word \"Khulna\" was substituted, for the word \"Lahore\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"85 Sub-section (4) was omitted by section 21 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).",
"86 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Evidence Act, 1872",
"num_of_sections": 202,
"published_date": "15th March, 1872",
"related_act": [
248,
1,
2,
256,
3,
1416,
138,
430,
24,
90
],
"repelled": false,
"sections": [
{
"act_id": 24,
"details": "1.\tThis act may be called the Evidence Act, 1872.",
"name": "Short title",
"related_acts": "24",
"section_id": 1
},
{
"act_id": 24,
"details": "It extends to the whole of Bangladesh and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the 3Army Act, 1952, the Naval Discipline Ordinance, 1961 or the Air Force Act, 1953 but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator;",
"name": "Extent",
"related_acts": "248,256",
"section_id": 2
},
{
"act_id": 24,
"details": "And it shall come into force on the first day of September, 1872.",
"name": "Commencement of Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 24,
"details": "2. Repealed by the Repealing Act, 1938 (Act No. I of 1938), section 2 and Schedule.",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 24,
"details": "3. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:- \"Court\" includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence. \"Fact\" means and includes- (1) anything, state of things, or relation of things capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. The expression \"facts in issue\" means and includesany fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.-Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:– that A caused B's death; that A intended to cause B's death; that A had received grave and sudden provocation from B; that A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. \"Document\" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter 4and includes any digital record. Illustrations A writing is a document: Words printed, lithographed or photographed are documents: A map or plan is a document: An inscription on a metal plate or stone is a document: A caricature is a document. 5“Digital record\" or “electronic record” means any record, data or information generated, prepared, sent, received or stored in magnetic or electro-magnetic, optical, computer memory, micro film, computer generated micro fiche including audio, video, Digital Versatile Disc or Digital Video Disc (DVD), records of Closed Circuit Television (CCTV), drone data, records from cell phone, hardware, software or any other digital device as defined in Digital Security Act, 2018 (Act No. 46 of 2018); \"Evidence\" means and includes- (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry: such statements are called oral evidence; (2) all documents produced for the inspection of the Court; such documents are called documentary evidence. 6(3) all materials or objects relating to blood, semen, hair, all body material, organ or part of organ, Deoxyribo Nucleic Acid (DNA), finger impression, palm impression, iris impression and foot print or any other similar material or object which may-(i) establish that an offence has been committed or establish a link or relation between an offence and its victim or an offence and its offender; and(ii) prove or disprove a fact:such materials or objects are called physical or forensic evidence. 7“Digital Signature\" or \"electronic Signature\" means any electronic signature as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006).“Digital Signature Certificate\" means any electronic signature certificate as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006).“Certifying Authority\" means Certificate Issuing Authority as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006). A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. A fact is said not to be proved when it is neither proved nor disproved",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 5
},
{
"act_id": 24,
"details": "4. Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it:",
"name": "\"May presume\"",
"related_acts": "",
"section_id": 6
},
{
"act_id": 24,
"details": "Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved:",
"name": "“Shall presume”",
"related_acts": "",
"section_id": 7
},
{
"act_id": 24,
"details": "When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.",
"name": "“Conclusive proof”",
"related_acts": "",
"section_id": 8
},
{
"act_id": 24,
"details": "5. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other fact as are hereinafter declared to be relevant, and of no others. Explanation.-This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure. Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:– A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.",
"name": "Evidence may be given of facts in issue and relevant facts",
"related_acts": "",
"section_id": 9
},
{
"act_id": 24,
"details": "6. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against Bangladesh by taking part in an armed insurrection in which property is destroyed, troops are attacked, and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained are relevant facts, though they do not contain the libel itself. (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.",
"name": "Relevancy of facts forming part of same transaction",
"related_acts": "",
"section_id": 10
},
{
"act_id": 24,
"details": "7. Facts which are the occasions, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.",
"name": "Facts which are the occasion cause or effect of facts in issue",
"related_acts": "",
"section_id": 11
},
{
"act_id": 24,
"details": "8. Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact, in issue or relevant fact, and whether it was previous subsequent thereto. Explanation 1.–The word \"conduct\" in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to effect the relevancy of statements under any other section of this Act. Explanation 2.–When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations (a) A is tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (d) The question is whether a certain document is the will of A. The facts, that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that he consulted 8Advocate in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve, are relevant. (e) A is accused of a crime. The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of person who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. (f) The question is whether A robbed B. The facts that, after B was robbed, C said in A's presence- \"the police are coming to look for the man who robbed B,\" and that immediately afterwards A ran away, are relevant. (g) The question is whether A owes B Taka 10,000. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing- \"I advise you not to trust A, for he owes B Taka 10,000\" and that A went away without making any answer are relevant facts. (h) The question is, whether A committed a crime. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter are relevant. (i) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (j) The question is whether A was ravished. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157. (k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that he said he had been robbed without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.",
"name": "Motive, preparation and previous or subsequent conduct",
"related_acts": "",
"section_id": 12
},
{
"act_id": 24,
"details": "9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Illustrations (a) The question is, whether a given document is the will of A. The State of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 8, as conduct subsequent to and affected by facts in issue. The fact that at the time when he left home he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A- \"I am leaving you because B has made me a better offer.\" This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue. (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it- \"A says you are to hide this.\" B's statement is relevant as explanatory of a fact which is part of the transaction. (f ) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.",
"name": "Facts necessary to explain or introduce relevant facts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 24,
"details": "10. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustrations Reasonable ground exists for believing that A has joined in a conspiracy to wage war against Bangladesh. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Chittagong for a like object, D persuaded persons to join the conspiracy in 9Khulna, E published writings advocating the object in view at 10Pabna, and F transmitted from 11Dhaka to G at Cabul the money which C had collected at Chittagong, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.",
"name": "Things said or done by conspirator in reference to common design",
"related_acts": "",
"section_id": 14
},
{
"act_id": 24,
"details": "11. Facts not otherwise relevant are relevant– (1) If they are inconsistent with any fact in issue or relevant fact; (2) If by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations (a) The question is whether A committed a crime at Chittagong on a certain day. The fact that, on that day, A was at 12Dhaka is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by either B, C or D, is relevant.",
"name": "When facts not otherwise relevant become relevant",
"related_acts": "",
"section_id": 15
},
{
"act_id": 24,
"details": "12.\tIn suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.",
"name": "In suits for damages, facts tending to enable Court to determine amount are relevant",
"related_acts": "",
"section_id": 16
},
{
"act_id": 24,
"details": "13. Where the question is as to the existence of any right of custom, the following facts are relevant:– (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. Illustration The question is whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.",
"name": "Facts relevant when right or custom is in question",
"related_acts": "",
"section_id": 17
},
{
"act_id": 24,
"details": "14. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will, or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Explanation 1.–A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.–But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact. Illustrations (a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. (b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant. (c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. (d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A. (h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A's good faith. (i) A is charged with shooting at B with intent to kill him. In order to show A's intent the fact of A's having previously shot at B may be proved. (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters. (k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. (l) The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts. (m) The question is, what was the state of A's health at the time an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts. (n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular carriage is relevant. The fact that B was habitually negligent about the carriages which he let to hire is irrelevant. (o) A is tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. (p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is irrelevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.",
"name": "Facts showing existence of state of mind, or of body, or bodily feeling",
"related_acts": "",
"section_id": 18
},
{
"act_id": 24,
"details": "15. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Illustrations (a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental. (b) A is, employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit Taka. The question is, whether the delivery of the Taka was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit Taka to C, D and E are relevant, as showing that the delivery to B was not accidental.",
"name": "Facts bearing on question whether act was accidental or intentional",
"related_acts": "",
"section_id": 19
},
{
"act_id": 24,
"details": "16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place are relevant. (b) The question is, whether particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter office, are relevant.",
"name": "Existence of course of business when relevant",
"related_acts": "",
"section_id": 20
},
{
"act_id": 24,
"details": "17. An admission is a statement, oral or documentary 13or contained in digital record, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.",
"name": "Admission defined",
"related_acts": "",
"section_id": 21
},
{
"act_id": 24,
"details": "18. \tStatements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions.",
"name": "Admission -by party to proceeding or his agent;",
"related_acts": "",
"section_id": 22
},
{
"act_id": 24,
"details": "Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character.",
"name": "by suit or in representative character;",
"related_acts": "",
"section_id": 23
},
{
"act_id": 24,
"details": "Statements made by– (1) \tpersons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or",
"name": "by party interested in subject-matter;",
"related_acts": "",
"section_id": 24
},
{
"act_id": 24,
"details": "(2) \tpersons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.",
"name": "by person from whom interest derived",
"related_acts": "",
"section_id": 25
},
{
"act_id": 24,
"details": "19. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustrations A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.",
"name": "Admissions by persons whose position must be proved as against party to suit",
"related_acts": "",
"section_id": 26
},
{
"act_id": 24,
"details": "20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustrations The question is whether a horse sold by A to B is sound. A says to B–\"Go and ask C; C knows all about it.\" C's statement is an admission.",
"name": "Admissions by persons expressly referred to by party to suit",
"related_acts": "",
"section_id": 27
},
{
"act_id": 24,
"details": "21. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:– (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32. (2) An admission may be proved by or on behalf of the person making it, when it consists of statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is a accompanied by conduct rendering its falsehood improbable. (3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause (2). (c) A is accused of a crime committed by him at Chittagong. He produces a letter written by himself and dated at 14Dhaka on that day and bearing the 15Dhaka post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead it would be admissible under section 32, clause (2). (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine. A may prove these facts for the reasons stated in the last preceding illustration.",
"name": "Proof of admissions, against persons making them, and by or on their behalf",
"related_acts": "",
"section_id": 28
},
{
"act_id": 24,
"details": "22. \tOral admissions as to the contents of a document are not relevant, unless and until that the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.",
"name": "When oral admissions as to contents of documents are relevant",
"related_acts": "",
"section_id": 29
},
{
"act_id": 24,
"details": "1622A. Oral admissions as to the contents of digital records are not relevant, unless the genuineness of the digital record produced is in question.",
"name": "When oral admissions as to contents of digital records are relevant",
"related_acts": "",
"section_id": 30
},
{
"act_id": 24,
"details": "23. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.–Nothing in this section shall be taken to exempt any 17Advocate from giving evidence of any matter of which he may be compelled to give evidence under section 126.",
"name": "Admissions in civil cases when relevant",
"related_acts": "",
"section_id": 31
},
{
"act_id": 24,
"details": "24. \tA confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.",
"name": "Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding",
"related_acts": "",
"section_id": 32
},
{
"act_id": 24,
"details": "25. \tNo confession made to a police-officer shall be proved as against a person accused of any offence.",
"name": "Confession to police-officer not to be proved",
"related_acts": "",
"section_id": 33
},
{
"act_id": 24,
"details": "26. \tNo confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Explanation.– In this section \"Magistrate\" does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 181898.",
"name": "Confession by accused while in custody of police not to be proved against him",
"related_acts": "",
"section_id": 34
},
{
"act_id": 24,
"details": "27. \tProvided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.",
"name": "How much of information received from accused may be proved",
"related_acts": "",
"section_id": 35
},
{
"act_id": 24,
"details": "28. \tIf such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.",
"name": "Confession made after removal of impression caused by inducement, threat or promise, relevant",
"related_acts": "",
"section_id": 36
},
{
"act_id": 24,
"details": "29. \tIf such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.",
"name": "Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 24,
"details": "30. When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other persons as well as against the person who makes such confession. Explanation.-\"Offence\", as used in this section, includes the abatement of, or attempt to commit, the offence. Illustrations (a) A and B are jointly tried for the murder of C. It is proved that A said-\"B and I murdered C.\" The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said- \"A and I murdered C\". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.",
"name": "Consideration of proved confession affecting person making it and others jointly under trial for same offence",
"related_acts": "",
"section_id": 38
},
{
"act_id": 24,
"details": "31.\tAdmissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.",
"name": "Admissions not conclusive proof, but may be stop",
"related_acts": "",
"section_id": 39
},
{
"act_id": 24,
"details": "32. \tStatements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:–",
"name": "Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant",
"related_acts": "",
"section_id": 40
},
{
"act_id": 24,
"details": "(1)\tWhen the statement is made by person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.",
"name": "When it relates to cause of death;",
"related_acts": "",
"section_id": 41
},
{
"act_id": 24,
"details": "(2)\tWhen the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledge-ment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.",
"name": "or is made in course of business;",
"related_acts": "",
"section_id": 42
},
{
"act_id": 24,
"details": "(3)\tWhen the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages.",
"name": "or against interest of maker;",
"related_acts": "",
"section_id": 43
},
{
"act_id": 24,
"details": "(4)\tWhen the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter has arisen.",
"name": "or gives opinion as to public right or custom, or matters of general interest;",
"related_acts": "",
"section_id": 44
},
{
"act_id": 24,
"details": "(5)\tWhen the statement relates to the existence of any relationship by blood, marriage or adoption between person as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised.",
"name": "or relates to existence of relationship;",
"related_acts": "",
"section_id": 45
},
{
"act_id": 24,
"details": "(6)\tWhen the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised.",
"name": "or is made in will or deed relating to family affairs;",
"related_acts": "",
"section_id": 46
},
{
"act_id": 24,
"details": "(7)\tWhen the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause (a).",
"name": "or in document relating to transaction mentioned in section 13, clause (a);",
"related_acts": "",
"section_id": 47
},
{
"act_id": 24,
"details": "(8) When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. Illustrations (a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was ravished. The question is whether she was ravished by B; or The question is whether A was killed by B under such circumstances that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration are relevant facts. (b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a relevant fact. (c) The question is, whether A was in Chittagong on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in 19Chittagong, for the purpose of conferring with him upon specified business, is a relevant fact. (d) The question is, whether a ship sailed from 20Chittagong harbour on a given day. A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from 21Chittagong harbour, is a relevant fact. (e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to A saying that he had received the rent on A's account and held it at A's orders, is a relevant fact. (f) The question is, whether A and B were legally married. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant. (g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant. (h) The question is, what was the cause of the wreck of a ship. A protest made by the Captain, whose attendance cannot be procured, is a relevant fact. (i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the village, that the road was public, is a relevant fact. (j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact. (k) The question is, whether A, who is dead, was the father of B. A statement by A that B was his son, is a relevant fact. (l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact. (m) The question is, whether, and when, A and B were married. An entry in a memorandum-book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact. (n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved.",
"name": "or is made by several persons, and expresses feelings relevant to matter in question",
"related_acts": "",
"section_id": 48
},
{
"act_id": 24,
"details": "33. \tEvidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or\tis incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Provided- that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding. Explanation.–A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.",
"name": "Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated",
"related_acts": "",
"section_id": 49
},
{
"act_id": 24,
"details": "34. Entries in books of account 23 or digital record, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. Illustration A sues B for Taka 1,000, and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.",
"name": "Entries in books of account or digital record when relevant",
"related_acts": "",
"section_id": 50
},
{
"act_id": 24,
"details": "35. An entry in any public or other official book, register or record 25,or digital record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register 26, record or digital record is kept, is itself a relevant fact.",
"name": "Relevancy of entry in public record or digital record, made in performance of duty",
"related_acts": "",
"section_id": 51
},
{
"act_id": 24,
"details": "36. Statements of facts in issue or relevant facts, made in published 28maps, charts or digital record generally offered for public sale, or in 29maps, plans or digital record made under the authority of the Government, as to matters usually represented or stated in such 30maps, charts, plans or digital record, are themselves relevant facts.",
"name": "Relevancy of statements in maps, charts , plans and digital record",
"related_acts": "",
"section_id": 52
},
{
"act_id": 24,
"details": "37. \tWhen the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom, or in any 31Act of Parliament or in a Government notification 32* * * is a relevant fact.",
"name": "Relevancy of statement as to fact of public nature contained in certain Acts or notifications",
"related_acts": "",
"section_id": 53
},
{
"act_id": 24,
"details": "38. \tWhen the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant.",
"name": "Relevancy of statements as to any law contained in law-books",
"related_acts": "",
"section_id": 54
},
{
"act_id": 24,
"details": "39. When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which 34forms part of a book, or of part of a digital record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book of series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.",
"name": "What evidence to be given when statement forms part of a conversation, document, book, digital record or series of letters or papers.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 24,
"details": "40. \tThe existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.",
"name": "Previous judgments relevant to bar a second suit or trial",
"related_acts": "",
"section_id": 56
},
{
"act_id": 24,
"details": "41. A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof- that any legal character which it confers accrued at the time when such judgment, order or decree come into operation; that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.",
"name": "Relevancy of certain judgments in probate, etc., jurisdiction",
"related_acts": "",
"section_id": 57
},
{
"act_id": 24,
"details": "42. Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. Illustration A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.",
"name": "Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41",
"related_acts": "",
"section_id": 58
},
{
"act_id": 24,
"details": "43. Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. Illustrations (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. The judgment against B is irrelevant as against C. (c) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (d) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. (e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.",
"name": "Judgments, etc., other than those mentioned in sections 40 to 42, when relevant",
"related_acts": "",
"section_id": 59
},
{
"act_id": 24,
"details": "44. \tAny party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.",
"name": "Fraud or collusion in obtaining judgment, or in-competency of Court, may be proved",
"related_acts": "",
"section_id": 60
},
{
"act_id": 24,
"details": "3545. When the Court has to form an opinion upon a point of foreign law, or of science, physical or forensic evidence or digital record, or art, or as to identity of hand writing or finger impression or footprint or palm impression or iris impression or typewriting or usage of trade or technical terms or identity of person or animal, the opinion upon that point of person specially skilled in such foreign law, science, physical or forensic evidence or digital record or art, or in questions as to identity of handwriting or finger impression, footprint, palm impression, typewriting, usage of trade, technical term or identity of person or animal, as the case may be, are relevant facts.Such persons are called experts.Illustrations(a) The question is, whether the death of A was caused by poison.The opinion of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.(b) The questions is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.(c) The question is whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.",
"name": "Opinion of Experts",
"related_acts": "",
"section_id": 61
},
{
"act_id": 24,
"details": "3645A. (1) Except by leave of the Court a witness shall not testify as an expert on physical or forensic unless a copy of his report has, pursuant to sub-section (2), been given to all the parties.(2) An expert’s report shall be addressed to the Court and not to the party on whose behalf he is examined and he shall owe a duty to help the Court.",
"name": "Opinion of experts on physical or forensic evidence",
"related_acts": "",
"section_id": 62
},
{
"act_id": 24,
"details": "46. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.Illustrations (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. (b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.",
"name": "Facts bearing upon opinions of experts",
"related_acts": "",
"section_id": 63
},
{
"act_id": 24,
"details": "47. When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. Explanation.–A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. Illustration The question is, whether a given letter is in the handwriting of A, a merchant in London. B is a merchant in Chittagong, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C or D ever saw A write.",
"name": "Opinion as to handwriting, when relevant",
"related_acts": "",
"section_id": 64
},
{
"act_id": 24,
"details": "3747A. When the Court has to form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.",
"name": "Opinion as to digital signature where relevant",
"related_acts": "",
"section_id": 65
},
{
"act_id": 24,
"details": "48. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation.–The expression \"general custom or right\" includes customs or rights common to any considerable class of persons. Illustration The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.",
"name": "Opinion as to existence of right or custom, when relevant",
"related_acts": "",
"section_id": 66
},
{
"act_id": 24,
"details": "49.\tWhen the Court has to form an opinion as to– the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation or, the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.",
"name": "Opinion as to usages, tenets, etc., when relevant",
"related_acts": "",
"section_id": 67
},
{
"act_id": 24,
"details": "50. When the Court has to form an opinion as to the relationship of one person to another the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, or in prosecutions under section 494, 495, 497 or 498 of the 38* * * Penal Code. Illustrations (a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant. (b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.",
"name": "Opinion on relationship, when relevant",
"related_acts": "",
"section_id": 68
},
{
"act_id": 24,
"details": "51. Whenever the opinion of any living person is relevant the grounds on which such opinion is based are also relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion.",
"name": "Grounds of opinion, when relevant",
"related_acts": "",
"section_id": 69
},
{
"act_id": 24,
"details": "52. \tIn civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant, except in so far as such character appears from facts otherwise relevant",
"name": "In civil cases, character to prove conduct imputed, irrelevant",
"related_acts": "",
"section_id": 70
},
{
"act_id": 24,
"details": "53. In criminal proceedings the fact that the person accused is of a good character is relevant.",
"name": "In criminal cases, previous good character relevant",
"related_acts": "",
"section_id": 71
},
{
"act_id": 24,
"details": "54. In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.–This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2.–A previous conviction is relevant as evidence of bad character.",
"name": "Previous bad character not relevant, except in reply",
"related_acts": "",
"section_id": 72
},
{
"act_id": 24,
"details": "55. \tIn civil cases the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation.–In sections 52, 53, 54 and 55, the word \"character\" includes both reputation and disposition; but, except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.",
"name": "Character as affecting damages",
"related_acts": "",
"section_id": 73
},
{
"act_id": 24,
"details": "56. No fact of which the Court will take judicial notice need be proved",
"name": "Fact judicially noticeable need not be proved",
"related_acts": "",
"section_id": 74
},
{
"act_id": 24,
"details": "57. The Court shall take judicial notice of the following facts:- 39(1)\tAll Bangladesh Laws: (2) \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (3) \tArticles of War for the Armed Forces: (4) \tThe course of proceeding of Parliament and of 40any Legislature which had Power to legislate in respect of territories now comprised in Bangladesh. Explanation.– Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (5) \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 41(6) \tThe seals of all the Courts in Bangladesh: the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by any law in force in Bangladesh: (7)\tThe accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Bangladesh, if the fact of their appointment to such office is notified in any official Gazette: (8) \tThe existence, title and national flag of every State or Sovereign recognized by the Government: (9)\tThe divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the official Gazette: (10) \tThe territories 42* * * of Bangladesh: (11)\tThe commencement, continuance and termination of hostilities between Bangladesh and any other State or body of persons: (12)\tThe names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates 43* * * and other persons authorized by law to appear or act before it: (13)\tThe rule of the road on land or at sea. In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference. If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.",
"name": "Facts of which Court must take judicial notice",
"related_acts": "430,430,430",
"section_id": 75
},
{
"act_id": 24,
"details": "58. \tNo fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.",
"name": "Facts admitted need not be proved",
"related_acts": "",
"section_id": 76
},
{
"act_id": 24,
"details": "59. \tAll facts, except the contents of documents, may be proved by oral evidence.",
"name": "Proof of facts by oral evidence",
"related_acts": "",
"section_id": 77
},
{
"act_id": 24,
"details": "60. \tOral evidence must, in all cases whatever, be direct; that is to say- if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: Provided also that, if oral evidence refers to existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.",
"name": "Oral evidence must be direct",
"related_acts": "",
"section_id": 78
},
{
"act_id": 24,
"details": "61. \tThe contents of documents may be proved either by primary or by secondary evidence.",
"name": "Proof of contents of documents",
"related_acts": "",
"section_id": 79
},
{
"act_id": 24,
"details": "62. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.-Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.-Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Illustration A person is shown to have been in possession of a number of placards, all printed at one time prove one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.",
"name": "Primary evidence",
"related_acts": "",
"section_id": 80
},
{
"act_id": 24,
"details": "63. Secondary evidence means and includes- (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it. Illustrations (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy, compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.",
"name": "Secondary evidence",
"related_acts": "",
"section_id": 81
},
{
"act_id": 24,
"details": "64. \tDocuments must be proved by primary evidence except in the cases hereinafter mentioned.",
"name": "Proof of documents by primary evidence",
"related_acts": "",
"section_id": 82
},
{
"act_id": 24,
"details": "65. \tSecondary evidence may be given of the existence, condition or contents of a document in the following cases:– (a) \twhen the original is shown or appears to be in the possession or power- of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it; (b) \twhen the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest; (c) \twhen the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; (d) \twhen the original is of such a nature as not to be easily moveable; (e) \twhen the original is a public document within the meaning of section 74; (f) \twhen the original is a document of which a certified copy is permitted by this Act, or by any other law in force in Bangladesh to be given in evidence; (g) \twhen the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. In cases (a), (c), and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.",
"name": "Cases in which secondary evidence relating to documents may be given",
"related_acts": "",
"section_id": 83
},
{
"act_id": 24,
"details": "4465A. The contents of digital records may be proved in accordance with the provisions of section 65B.",
"name": "Special provisions as to evidence relating to digital record",
"related_acts": "",
"section_id": 84
},
{
"act_id": 24,
"details": "4565B. (1) Notwithstanding anything contained in this Act, any information contained in a digital record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely :-(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes or any activities regularly carried on over that period by the person having lawful control over the use of the computer;(b) during the said period, information of the kind contained in the digital record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the digital record or the accuracy of its contents; and(d) the information contained in digital record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section(2) was regularly performed by computers, whether-(a) by a combination of computers operating over that period; or(b) by different computers operating in succession over that period; or(c) by different combinations of computers operating in succession over that period; or(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,all the computers used for that purpose during that period shall be treated for the purposes of that section as constituting a single computer; and references in this section to a computer shall be construed accordingly.(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate containing any of the following things, that is to say,-(a) identifying the digital record containing the statement and describing the manner in which it was produced;(b) giving such particulars of any device involved in production of that digital record as may be appropriate for the purpose of showing that the digital record was produced by a computer;(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.(5) For the purposes of this section,-(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to the computer, shall be taken to be supplied to it in the course of those activities;(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.Explanation:-For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.",
"name": "Admissibility of Digital Records",
"related_acts": "",
"section_id": 85
},
{
"act_id": 24,
"details": "66. \tSecondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his Advocate, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:– (1) when the document to be proved is itself a notice; (2) when, from the nature of the case, the adverse party must know that he will be required to produce it; (3)\twhen it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (4)\twhen the adverse party or his agent has the original in Court; (5)\twhen the adverse party or his agent has admitted the loss of the document; (6)\twhen the person in possession of the document is out of reach of, or not subject to, the process of the Court.",
"name": "Rules as to notice to produce",
"related_acts": "",
"section_id": 86
},
{
"act_id": 24,
"details": "67. \tIf a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.",
"name": "Proof of signature and handwriting of person alleged to have signed or written document produced",
"related_acts": "",
"section_id": 87
},
{
"act_id": 24,
"details": "4667A. Except in the case of a secure digital signature, if the digital signature of any subscriber is alleged to have been affixed to a digital record the fact that such digital signature is the digital signature of the subscriber must be proved.",
"name": "Proof as to digital signature",
"related_acts": "",
"section_id": 88
},
{
"act_id": 24,
"details": "68. \tIf a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied.",
"name": "Proof of execution of document required by law to be attested",
"related_acts": "90",
"section_id": 89
},
{
"act_id": 24,
"details": "69. \tIf no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.",
"name": "Proof where no attesting witness found",
"related_acts": "",
"section_id": 90
},
{
"act_id": 24,
"details": "70. \tThe admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.",
"name": "Admission of execution by party to attested document",
"related_acts": "",
"section_id": 91
},
{
"act_id": 24,
"details": "71. \tIf the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.",
"name": "Proof when attesting witness denies the execution",
"related_acts": "",
"section_id": 92
},
{
"act_id": 24,
"details": "72. \tAn attested document not required by law to be attested may be proved as if it was unattested.",
"name": "Proof of document not required by law to be attested",
"related_acts": "",
"section_id": 93
},
{
"act_id": 24,
"details": "73. \tIn order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. This section applies also, with any necessary modifications, to finger-impressions.",
"name": "Comparison of signature, writing or seal with others, admitted or proved",
"related_acts": "",
"section_id": 94
},
{
"act_id": 24,
"details": "4773A. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct-(a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;(b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.Explanation.- For the purpose of this section, \"Controller\" means the Controller appointed under sub-section (1) of section 18 of the Information and Communication Technology Act, 2006 (Act No. 39 of 2006).",
"name": "Proof as to verification of digital signature",
"related_acts": "",
"section_id": 95
},
{
"act_id": 24,
"details": "4873B. (1) In order to ascertain whether a sample of blood, semen, hair, DNA sample, any other biological substance, limbs or any part of limb, finger impression, palm impression or iris impression or foot impression belongs to or is created by that person from whom it purports to have been collected, the Court may order that it be compared with any sample which is admitted or proved to the satisfaction of the Court to have come from or been made by the person, although that sample of blood, semen, hair, DNA sample, biological substance, limbs or any part of limb, finger impression, palm impression, iris impression, foot impression or any other substance has not been produced or proved for any other purpose.(2) If there is any claim that the sample of blood, semen, hair, DNA sample, any other biological substance, limbs or any part of limb, finger impression, palm impression, iris impression, foot impression belongs to or is created by any person, the Court may direct that person to be present in Court for the purpose of enabling the Court to make that comparison.(3) In relation to proving the authenticity of physical or forensic evidence, nothing in sections 60 and 165 of this Act, should prevent the Court from seeking its production in Court as an exhibit, along with any other necessary evidence concerning its identification.",
"name": "Comparison of physical or forensic evidence with others, admitted or proved",
"related_acts": "",
"section_id": 96
},
{
"act_id": 24,
"details": "74. The following documents are public documents:– (1) documents forming the acts or records of the acts- (i) \tof the sovereign authority, (ii) \tof official bodies and tribunals, and (iii) of public officers, legislative, judicial and \texecutive of any part of Bangladesh or of the \tCommonwealth, or of a foreign country; (2) public records kept in Bangladesh of private documents.",
"name": "Public documents",
"related_acts": "",
"section_id": 97
},
{
"act_id": 24,
"details": "75. \tAll other documents are private.",
"name": "Private documents",
"related_acts": "",
"section_id": 98
},
{
"act_id": 24,
"details": "76. \tEvery public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies. Explanation.-Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.",
"name": "Certified copies of public documents",
"related_acts": "",
"section_id": 99
},
{
"act_id": 24,
"details": "77. \tSuch certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.",
"name": "Proof of documents by production of certified copies",
"related_acts": "",
"section_id": 100
},
{
"act_id": 24,
"details": "78. The following public documents may be proved as follows:– 49(1) Acts, orders or notifications of the Government or any other Government that functioned within the territories now comprised in Bangladesh or any departments thereof by the records of the departments, certified by the heads of those departments, or by any document purporting to be printed by order of any such Government: (2) the proceeding of the 50Parliament and of any legislature which had power to legislate in respect of territories now comprised in Bangladesh, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government 51* * *: (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (4) the Acts of the Executive or the proceedings of the Legislature of a foreign country, - by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some 52Act of Parliament: (5) the proceedings, of a municipal body in Bangladesh, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body: (6) public documents of any other class in a foreign country,– by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a notary public, or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.",
"name": "Proof of other official documents",
"related_acts": "430",
"section_id": 101
},
{
"act_id": 24,
"details": "79. The Court shall presume every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the 53Government to be genuine: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.",
"name": "Presumption as to genuineness of certified copies",
"related_acts": "",
"section_id": 102
},
{
"act_id": 24,
"details": "80. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume- that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.",
"name": "Presumption as to documents produced as record of evidence",
"related_acts": "",
"section_id": 103
},
{
"act_id": 24,
"details": "81.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 104
},
{
"act_id": 24,
"details": "5481A. The Court shall presume the genuineness of every digital record purporting to be the Official Gazette, or purporting to be digital record directed by any law to be kept by any person, if such digital record is kept substantially in the form required by law and is produced from proper custody.Explanation.-Digital records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.",
"name": "Presumption as to Gazettes in digital forms",
"related_acts": "",
"section_id": 105
},
{
"act_id": 24,
"details": "82. \tWhen any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England and Ireland, would be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland.",
"name": "Presumption as to document admissible in England without proof of seal or signature",
"related_acts": "",
"section_id": 106
},
{
"act_id": 24,
"details": "83. \tThe Court shall presume that maps or plans purporting to be made by the authority of the Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.",
"name": "Presumption as to maps or plans made by authority of Government",
"related_acts": "",
"section_id": 107
},
{
"act_id": 24,
"details": "84. \tThe Court shall presume the genuineness of 55every book or Gazette purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of 56every book or Gazette purporting to contain reports of decisions of the Courts of such country.",
"name": "Presumption as to collections of laws and reports of decisions",
"related_acts": "",
"section_id": 108
},
{
"act_id": 24,
"details": "85. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a notary public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul, or representative of the Government, was so executed and authenticated.",
"name": "Presumption as to powers-of-attorney",
"related_acts": "",
"section_id": 109
},
{
"act_id": 24,
"details": "5785A. The Court shall presume that every digital record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signature of the parties.",
"name": "Presumption as to agreements in digital forms",
"related_acts": "",
"section_id": 110
},
{
"act_id": 24,
"details": "5885B. (1) In any proceedings involving a secure digital record, the Court shall presume unless contrary is proved, that the secure digital record has not been altered since the point of time to which the secure status relates.(2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that-(a) the secure digital signature is affixed by subscriber with the intention of signing or approving the digital record;(b) except in the case of a secure digital record or a secure digital signature, nothing in this section shall create any presumption relating to authenticity and integrity of the digital record or any digital signature.",
"name": "Presumption as to digital record and digital signatures",
"related_acts": "",
"section_id": 111
},
{
"act_id": 24,
"details": "5985C. The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.",
"name": "Presumption as to Digital Signature Certificates",
"related_acts": "",
"section_id": 112
},
{
"act_id": 24,
"details": "86. The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of Bangladesh is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.Second Paragraph.– Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"name": "Presumption as to certified copies of foreign judicial records",
"related_acts": "430",
"section_id": 113
},
{
"act_id": 24,
"details": "87. \tThe Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at which it purports to have been written or published.",
"name": "Presumption as to books, maps and charts",
"related_acts": "",
"section_id": 114
},
{
"act_id": 24,
"details": "88. \tThe Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission.",
"name": "Presumption as to telegraphic messages",
"related_acts": "",
"section_id": 115
},
{
"act_id": 24,
"details": "6088A. The Court may presume that a digital communication forwarded by the originator through a digital communication or message server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer or fed into other forms of digital device for transmission; but the Court shall not make any presumption as to the persons by whom such message was sent.Explanation.-For the purposes of this section, the expressions “addressee” and “originator” shall have the same meanings respectively assigned to them in clauses (22) and (24) of section 2 of the Information and Communication Technology Act, 2006 (Act No. 39 of 2006).",
"name": "Presumption as to digital communication",
"related_acts": "",
"section_id": 116
},
{
"act_id": 24,
"details": "89. \tThe Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.",
"name": "Presumption as to due execution, etc., of documents not produced",
"related_acts": "",
"section_id": 117
},
{
"act_id": 24,
"details": "6189A. The Court may presume unless contrary is proved that the physical or forensic evidence belongs to or is created by that person from whom it purports to have been collected.",
"name": "Presumption as to physical or forensic evidence",
"related_acts": "",
"section_id": 118
},
{
"act_id": 24,
"details": "90. Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Explanation.-Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. This explanation applies also to section 81. Illustrations (a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land, showing his titles to it. The custody is proper. (b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper. (c) A, a connection of B, produces deeds relating to lands in B's possession which were deposited with him by B for safe custody. The custody is proper.",
"name": "Presumption as to documents thirty years old",
"related_acts": "",
"section_id": 119
},
{
"act_id": 24,
"details": "6290A. Where any digital record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorized by him in this behalf.Explanation.- Digital records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.",
"name": "Presumption as to digital records five years old",
"related_acts": "",
"section_id": 120
},
{
"act_id": 24,
"details": "91. When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.– When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.– Wills admitted to probate in Bangladesh may be proved by the probate. Explanation 1.–This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one. Explanation 2.–Where there are more originals than one, one original only need be proved. Explanation 3.–The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.",
"name": "Evidence of terms of contracts, grants and other dispositions of property reduced to form of document",
"related_acts": "",
"section_id": 121
},
{
"act_id": 24,
"details": "92. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Proviso (1).–Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. Proviso (2).–The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document. Proviso (3).–The existence of any separate oral agreement constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. Proviso (4).–The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents. Proviso (5).–Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved: Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract. Proviso (6).–Any fact may be proved which shows in what manner the language of a document is related to existing facts. Illustrations (a) A policy of insurance is effected on goods \"in ships from Chittagong to London\". The goods are shipped in a particular ship which is lost. The fact that that particular ship was orally excepted from the policy cannot be proved. (b) A agrees absolutely in writing to pay B Taka 1,000 on the first March, 1873. The fact that, at the same time an oral agreement was made that the money should not be paid till the thirty-first March cannot be proved. (c) An estate called \"the Rampore tea estate\" is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved. (d) A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B's as to their value. This fact may be proved. (e) A institutes a suit against B for the specific performance of a contract, and also prays that the contract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. A may prove that such a mistake was made as would by law entitle him to have the contract reformed. (f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired. (g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words: \"Bought of A a horse for Taka 500\". B may prove the verbal warranty. (h) A hires lodgings of B, and gives a card on which is written-\"Rooms Taka 200 a month\". A may prove a verbal agreement that these terms were to include partial board. A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them. It is silent on the subject of board. A may not prove that board was included in the term verbally. (i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does not send the money. In a suit for the amount A may prove this. (j) A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B, who sues A upon it. A may show the circumstances under which it was delivered.",
"name": "Exclusion of evidence of oral agreement",
"related_acts": "",
"section_id": 122
},
{
"act_id": 24,
"details": "93. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations (a) A agrees, in writing, to sell a horse to B for Taka 1,000 or Taka 1,500. Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.",
"name": "Exclusion of evidence to explain or amend ambiguous document",
"related_acts": "",
"section_id": 123
},
{
"act_id": 24,
"details": "94. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration A sells to B, by deed, \"my estate at Rangpur containing 100 bighas\". A has an estate at Rangpur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.",
"name": "Exclusion of evidence against application of document of existing facts",
"related_acts": "",
"section_id": 124
},
{
"act_id": 24,
"details": "95. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustrations A sells to B, by deed \"my house in 63Dhaka\". A had no house in 64Dhaka, but it appears that he had a house at 65Narayanganj, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at 66Narayanganj.",
"name": "Evidence as to document unmeaning in reference to existing facts",
"related_acts": "",
"section_id": 125
},
{
"act_id": 24,
"details": "96. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. Illustrations (a) A agrees to sell to B, for Taka 1,000, \"my white horse\". A has two white horses. Evidence may be given of facts which show which of them was meant. (b) A agrees to accompany B to 67Saidpur. Evidence may be given of facts showing whether 68Saidpur in Khulna or Saidpur in Rangpur was meant.",
"name": "Evidence as to application of language which can apply to one only of several persons",
"related_acts": "",
"section_id": 126
},
{
"act_id": 24,
"details": "97. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustration A agrees to sell to B \"my land at X in the occupation of Y\". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell.",
"name": "Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies",
"related_acts": "",
"section_id": 127
},
{
"act_id": 24,
"details": "98. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration A, a sculptor, agrees to sell to B, \"all my mods\". A has both models and modeling tools. Evidence may be given to show which he meant to sell.",
"name": "Evidence as to meaning of illegible characters, etc.",
"related_acts": "",
"section_id": 128
},
{
"act_id": 24,
"details": "99. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.",
"name": "Who may give evidence of agreement varying terms of document",
"related_acts": "",
"section_id": 129
},
{
"act_id": 24,
"details": "100. \tNothing in this Chapter contained shall be taken to affect any of the provisions of the 69Succession Act, 1925 as to the construction of wills.",
"name": "Saving of provisions of Succession Act relating to wills",
"related_acts": "138",
"section_id": 130
},
{
"act_id": 24,
"details": "101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.",
"name": "Burden of proof",
"related_acts": "",
"section_id": 131
},
{
"act_id": 24,
"details": "102. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.",
"name": "On whom burden of proof lies",
"related_acts": "",
"section_id": 132
},
{
"act_id": 24,
"details": "103. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration (a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.",
"name": "Burden of proof as to particular fact",
"related_acts": "",
"section_id": 133
},
{
"act_id": 24,
"details": "104. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.",
"name": "Burden of proving fact to be proved to make evidence admissible",
"related_acts": "",
"section_id": 134
},
{
"act_id": 24,
"details": "105. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the 70* * * Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. The burden of proof is on A. (c) Section 325 of the 71 * * * Penal Code provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.",
"name": "Burden of proving that case of accused comes within exceptions",
"related_acts": "",
"section_id": 135
},
{
"act_id": 24,
"details": "106. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with traveling on a railway without a ticket. The burden of proving that he had a ticket is on him.",
"name": "Burden of proving fact especially within knowledge",
"related_acts": "",
"section_id": 136
},
{
"act_id": 24,
"details": "107. \tWhen the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.",
"name": "Burden of proving death of person known to have been alive within thirty years",
"related_acts": "",
"section_id": 137
},
{
"act_id": 24,
"details": "108. \tProvided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.",
"name": "Burden of proving that person is alive who has not been heard of for seven years",
"related_acts": "",
"section_id": 138
},
{
"act_id": 24,
"details": "109. \tWhen the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.",
"name": "Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent",
"related_acts": "",
"section_id": 139
},
{
"act_id": 24,
"details": "110. \tWhen the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.",
"name": "Burden of proof as to ownership",
"related_acts": "",
"section_id": 140
},
{
"act_id": 24,
"details": "111. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations (a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.",
"name": "Proof of good faith in transactions where one party is in relation of active confidence",
"related_acts": "",
"section_id": 141
},
{
"act_id": 24,
"details": "112. \tThe fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.",
"name": "Birth during marriage conclusive proof of legitimacy",
"related_acts": "",
"section_id": 142
},
{
"act_id": 24,
"details": "113.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 143
},
{
"act_id": 24,
"details": "114. The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume – (a) that a man who is in possession of stolen goods soon after the theft, is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; (b) that an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence; (e) that judicial and official acts have been regularly performed; (f) that the common course of business has been followed in particular cases; (g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) that, if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him; (i) that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:– as to illustration (a) –A shop-keeper has in his till a marked Taka soon after it was stolen, and cannot account for its possession specifically, but is continually receiving Taka in the course of his business: as to illustration (b)–A, a person of the highest character, is tried for causing a men's death by an act of negligence in arranging certain machinery. B, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself: as to illustration (b)–a crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable: as to illustration (c)–A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was a young and ignorant person, completely under A's influence: as to illustration (d)–it is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course: as to illustration (e)–a judicial act, the regularity of which is in question, was performed under exceptional circumstances: as to illustration (f)–the question is, whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances: as to illustration (g)–a man refuses to produce document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family: as to illustration (h)–a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked: as to illustration (i)–a bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.",
"name": "Court may presume existence of certain facts",
"related_acts": "",
"section_id": 144
},
{
"act_id": 24,
"details": "115. \tWhen one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.",
"name": "Estoppel",
"related_acts": "",
"section_id": 145
},
{
"act_id": 24,
"details": "116. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such license was given.",
"name": "Estoppel of tenant;\tand of licensee of person in possession",
"related_acts": "",
"section_id": 146
},
{
"act_id": 24,
"details": "117. No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or license commenced, authority to make such bailment or grant such license. Explanation (1).–The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation (2).–If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.",
"name": "Estoppel of acceptor of bill of exchange, bailee or licensee",
"related_acts": "",
"section_id": 147
},
{
"act_id": 24,
"details": "118. All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation.–A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.",
"name": "Who may testify",
"related_acts": "",
"section_id": 148
},
{
"act_id": 24,
"details": "119. A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence.",
"name": "Dumb witnesses",
"related_acts": "",
"section_id": 149
},
{
"act_id": 24,
"details": "120. In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.",
"name": "Parties to civil suit, and their wives or husbands\tHusband or wife of person under criminal trail",
"related_acts": "",
"section_id": 150
},
{
"act_id": 24,
"details": "121. No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge and Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate: but he may be examined as to other matters which occurred in his presence whilst he was so acting. Illustrations (a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court. (b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B cannot be asked what A said, except upon the special order of the superior Court. (c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his trail before B, a Sessions Judge. B may be examined as to what occurred.",
"name": "Judges and Magistrates",
"related_acts": "",
"section_id": 151
},
{
"act_id": 24,
"details": "122. No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married: nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.",
"name": "Communications during marriage",
"related_acts": "",
"section_id": 152
},
{
"act_id": 24,
"details": "123. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.",
"name": "Evidence as to affairs of State",
"related_acts": "",
"section_id": 153
},
{
"act_id": 24,
"details": "124. \tNo public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.",
"name": "Official communications",
"related_acts": "",
"section_id": 154
},
{
"act_id": 24,
"details": "125. \tNo Magistrate or Police-officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue-officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. Explanation.–\"Revenue-officer\" in this section means any officer employed in or about the business of any branch of the public revenue.",
"name": "Information as to commission of offences",
"related_acts": "",
"section_id": 155
},
{
"act_id": 24,
"details": "126. No 72Advocate shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such Advocate by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure– (1) any such communication made in furtherance of any illegal purpose: (2) any fact observed by any 73Advocate, in the course of his employment as such, showing that any crime of fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such 74Advocate was or was not directed to such fact by or on behalf of his client. Explanation.– The obligation stated in this section continues after the employment has ceased. Illustrations (a) A, a client, says to B, an 75advocate–\"I have committed forgery and I wish you to defend me.\" As the defense of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an Advocate - \"I wish to obtain possession of property by the use of a forged deed on which I request you to sue.\" The communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment. This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.",
"name": "Professional communications",
"related_acts": "",
"section_id": 156
},
{
"act_id": 24,
"details": "127. The provisions of section 126 shall apply to interpreters and the clerks or servants of 76Advocate.",
"name": "Section 126 to apply to interpreters, etc.",
"related_acts": "",
"section_id": 157
},
{
"act_id": 24,
"details": "128. If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and, if any party to a suit or proceeding calls any such Advocate as a witness, he shall be deemed to have consented to such disclosure only if he questions such Advocate on matters which, but for such question, he would not be at liberty to disclose.",
"name": "Privilege not waived by volunteering evidence",
"related_acts": "",
"section_id": 158
},
{
"act_id": 24,
"details": "129. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.",
"name": "Confidential communications with legal advisers",
"related_acts": "",
"section_id": 159
},
{
"act_id": 24,
"details": "130. No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.",
"name": "Production of title-deed of witness, not a party",
"related_acts": "",
"section_id": 160
},
{
"act_id": 24,
"details": "131. \tNo one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such last-mentioned person consents to their production.",
"name": "Production of documents which another person, having possession, could refuse to produce",
"related_acts": "",
"section_id": 161
},
{
"act_id": 24,
"details": "132. A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind: Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.",
"name": "Witness not excused from answering on ground that answer will criminate",
"related_acts": "",
"section_id": 162
},
{
"act_id": 24,
"details": "133. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.",
"name": "Accomplice",
"related_acts": "",
"section_id": 163
},
{
"act_id": 24,
"details": "134. No particular number of witnesses shall in any case be required for the proof of any fact.",
"name": "Number of witnesses",
"related_acts": "",
"section_id": 164
},
{
"act_id": 24,
"details": "135. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.",
"name": "Order of production and examination of witnesses",
"related_acts": "",
"section_id": 165
},
{
"act_id": 24,
"details": "136. When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. If the relevancy of on alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations (a) \tIt is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. (b) \tIt is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced. (c) \tA is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of possession to be proved before the property is identified. (d) It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in issue. There are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A.",
"name": "Judge to decide as to admissibility of evidence",
"related_acts": "",
"section_id": 166
},
{
"act_id": 24,
"details": "137. The examination of a witness by the party who calls him shall be called his examination-in-chief.",
"name": "Examination-in-chief",
"related_acts": "",
"section_id": 167
},
{
"act_id": 24,
"details": "The examination of a witness by the adverse party shall be called his cross-examination.",
"name": "Cross-examination",
"related_acts": "",
"section_id": 168
},
{
"act_id": 24,
"details": "The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination.",
"name": "Re-examination",
"related_acts": "",
"section_id": 169
},
{
"act_id": 24,
"details": "138. Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.",
"name": "Order of examinations",
"related_acts": "",
"section_id": 170
},
{
"act_id": 24,
"details": "The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.",
"name": "Direction of re-examination",
"related_acts": "",
"section_id": 171
},
{
"act_id": 24,
"details": "139. A person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be cross-examined unless and until he is called as a witness.",
"name": "Cross-examination of person called to produce a document",
"related_acts": "",
"section_id": 172
},
{
"act_id": 24,
"details": "140. Witnesses to character may be cross-examined and re-examined.",
"name": "Witnesses to character",
"related_acts": "",
"section_id": 173
},
{
"act_id": 24,
"details": "141. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.",
"name": "Leading questions",
"related_acts": "",
"section_id": 174
},
{
"act_id": 24,
"details": "142. Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.",
"name": "When they must not be asked",
"related_acts": "",
"section_id": 175
},
{
"act_id": 24,
"details": "143. Leading questions may be asked in cross-examination.",
"name": "When they may be asked",
"related_acts": "",
"section_id": 176
},
{
"act_id": 24,
"details": "144. Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Explanation.– A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. Illustration The question is, whether A assaulted B. C deposes that he heard A says to D-\"B wrote a letter accusing me of theft, and I will be revenged on him.\" This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.",
"name": "Evidence as to matters in writing",
"related_acts": "",
"section_id": 177
},
{
"act_id": 24,
"details": "145. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.",
"name": "Cross-examination as to previous statements in writing",
"related_acts": "",
"section_id": 178
},
{
"act_id": 24,
"details": "146. When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend – (1) to test his veracity, (2) to discover who he is and what is his position in life, or (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture77: Provided that in a prosecution for an offence of rape or attempt to rape, no question under clause (3) can be asked in the cross-examination as to general immoral character or previous sexual behaviour of the victim:Provided further that such question can only be asked with the permission of the Court, if it appears to the Court necessary for the ends of justice.",
"name": "Questions lawful in cross-examination",
"related_acts": "",
"section_id": 179
},
{
"act_id": 24,
"details": "147. If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto.",
"name": "When witness to be compelled to answer",
"related_acts": "",
"section_id": 180
},
{
"act_id": 24,
"details": "148. If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:- (1)\tsuch questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies: (2) \tsuch questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would \tnot affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies: (3) \tsuch questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence: (4) \tthe Court may, if it sees fit, draw, from the witness's refusal to answer, the inference that the answer if given would be unfavourable.",
"name": "Court to decide when question shall be asked and when witness compelled to answer",
"related_acts": "",
"section_id": 181
},
{
"act_id": 24,
"details": "149. No such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. Illustrations (a) An 78advocate is instructed by a 79client that an important witness is a dakait. This is a reasonable ground for asking the witness whether he is a dakait. (b) A pleader is informed by a person in Court that an important witness is a dakait. The informant, on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a dakait. (c) A witness, of whom nothing whatever is known, is asked at random whether he is a dakait. There are here no reasonable grounds for the question. (d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a dakait.",
"name": "Question not to be asked without reasonable grounds",
"related_acts": "",
"section_id": 182
},
{
"act_id": 24,
"details": "150. If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any 80Advocate, report the circumstances of the case to the 81High Court Division or other authority to which such 82Advocate is subject in the exercise of his profession.",
"name": "Procedure of Court in case of question being asked without reasonable grounds",
"related_acts": "",
"section_id": 183
},
{
"act_id": 24,
"details": "151. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.",
"name": "Indecent and scandalous questions",
"related_acts": "",
"section_id": 184
},
{
"act_id": 24,
"details": "152. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.",
"name": "Questions intended to insult or annoy",
"related_acts": "",
"section_id": 185
},
{
"act_id": 24,
"details": "153. When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence. Exception 1.– If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction. Exception 2.– If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted. Illustrations (a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible. (b) A witness is asked whether he was not dismissed from a situation for dishonesty. He dines it. Evidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible. (c) A affirms that on a certain day he saw B at 83Khulna. A is asked whether he himself was not on that day at Chittagong. He denies it. Evidence is offered to show that A was on that day at Chittagong. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in 84Khulna. In each of these cases the witness might, if his denial was false, be charged with giving false evidence. (d) A is asked whether his family has not had a blood feud with the family of B against whom he gives evidence. He denies it. He may be contradicted on the ground that the question tends to impeach his impartiality.",
"name": "Exclusion of evidence to contradict answers to questions testing veracity",
"related_acts": "",
"section_id": 186
},
{
"act_id": 24,
"details": "154. The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.",
"name": "Question by party to his own witness",
"related_acts": "",
"section_id": 187
},
{
"act_id": 24,
"details": "155. The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:- (1) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (2) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence; (3) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted; 85*** Explanation.–A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence. Illustrations (a) A sues B for the price of goods sold and delivered to B. C says that A delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered the goods to B. The evidence is admissible. (b) A is indicted for the murder of B. C says that B, when dying, declared that A had given B the wound of which he died. Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A or in his presence. The evidence is admissible.",
"name": "Impeaching credit of witness",
"related_acts": "",
"section_id": 188
},
{
"act_id": 24,
"details": "156. When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies. Illustration A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.",
"name": "Questions tending to corroborate evidence of relevant fact admissible",
"related_acts": "",
"section_id": 189
},
{
"act_id": 24,
"details": "157. In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.",
"name": "Former statements of witness may be proved to corroborate later testimony as to same fact",
"related_acts": "",
"section_id": 190
},
{
"act_id": 24,
"details": "158. Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.",
"name": "What matters may be proved in connection with proved statement relevant under section 32 or 33",
"related_acts": "",
"section_id": 191
},
{
"act_id": 24,
"details": "159. A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.",
"name": "Refreshing memory",
"related_acts": "",
"section_id": 192
},
{
"act_id": 24,
"details": "Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document: Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his memory by reference to professional treatises.",
"name": "When witness may use copy of document to refresh memory",
"related_acts": "",
"section_id": 193
},
{
"act_id": 24,
"details": "160. A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.",
"name": "Testimony to facts stated in document mentioned in section 159",
"related_acts": "",
"section_id": 194
},
{
"act_id": 24,
"details": "161. Any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it: such party may, if he pleases, cross-examine the witness thereupon.",
"name": "Right of adverse party as to writing used to refresh memory",
"related_acts": "",
"section_id": 195
},
{
"act_id": 24,
"details": "162. A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court. The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility.",
"name": "Production of documents",
"related_acts": "",
"section_id": 196
},
{
"act_id": 24,
"details": "If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence: and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the 86* * * Penal Code.",
"name": "Translation of documents",
"related_acts": "",
"section_id": 197
},
{
"act_id": 24,
"details": "163. When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.",
"name": "Giving, as evidence, of document called for and produced on notice",
"related_acts": "",
"section_id": 198
},
{
"act_id": 24,
"details": "164. When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. Illustration A sues B on an agreement and gives B notice to produce it. At the trail A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.",
"name": "Using, as evidence, of document production of which was refused on notice",
"related_acts": "",
"section_id": 199
},
{
"act_id": 24,
"details": "165. The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing: and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not authorize any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein- before excepted.",
"name": "Judge’s power to put questions or order production",
"related_acts": "",
"section_id": 200
},
{
"act_id": 24,
"details": "166. \tIn cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the Judge himself might put and which he considers proper.",
"name": "Power of jury or assessors to put questions",
"related_acts": "",
"section_id": 201
},
{
"act_id": 24,
"details": "167. \tThe improper admission or rejection of evidence shall not be ground of itself for a new trail or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.",
"name": "No new trial for improper admission or rejection of evidence",
"related_acts": "",
"section_id": 202
}
],
"text": "2♣WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is enacted as follows:-"
} |
{
"id": 25,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Government\", \"Muslim\" and \"Penal Code\" were substituted, for the words \"Provincial Government\", \"Muhammadan\" and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Government\", \"Muslim\" and \"Penal Code\" were substituted, for the words \"Provincial Government\", \"Muhammadan\" and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Section 13A was inserted by section 29 of the Birth, Deaths and Marriages Registration Act, 1886 (Act No. VI of 1886)",
"5 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words, comma and figure \"Indian Succession Act, 1865\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Special Marriage Act, 1872",
"num_of_sections": 27,
"published_date": "18th July, 1872",
"related_act": [
138,
430
],
"repelled": false,
"sections": [
{
"act_id": 25,
"details": "1. This Act extends to the whole of 3Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 1
},
{
"act_id": 25,
"details": "2. Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon the following conditions:– (1)\tneither party must, at the time of the marriage, have a husband or wife living: (2)\tthe man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar: (3)\teach party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage: (4)\tthe parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal. 1st Proviso- No such law or custom, other than one relating to consanguinity or affinity, shall prevent them from marrying. 2nd Proviso- No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common ancestor, who stands to each of them in a nearer relationship than that of great-great-grand-father or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brother or sister of some lineal ancestor, of the other.",
"name": "Conditions upon which marriages under Act may be celebrated",
"related_acts": "",
"section_id": 2
},
{
"act_id": 25,
"details": "3. The Government may appoint one or more Registrars under this Act, either by name or as holding any office for the time being, for any portion of the territory subject to its administration. The officer so appointed shall be called \"Registrar of Marriages under Act III of 1872,\" and is hereinafter referred to as \"the Registrar\". The portion of territory for which any such officer is appointed shall be deemed his district.",
"name": "Appointment of Marriage Registrars",
"related_acts": "",
"section_id": 3
},
{
"act_id": 25,
"details": "4. When a marriage is intended to be solemnized under this Act, one of the parties must give notice in writing to the Registrar before whom it is to be solemnized. The Registrar to whom such notice is given must be the Registrar of a district within which one at least of the parties to the marriage has resided for fourteen days before such notice is given. Such notice may be in the form given in the First Schedule to this Act.",
"name": "One of the parties to intended marriage to give notice to Registrar",
"related_acts": "",
"section_id": 4
},
{
"act_id": 25,
"details": "5. The Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of every such notice in a book to be for that purpose furnished to him by the Government, to be called the \"Marriage Notice Book under Act III of 1872,\" and such book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.",
"name": "Notice to be filed and copy entered in the Marriage Notice Book",
"related_acts": "",
"section_id": 5
},
{
"act_id": 25,
"details": "6. Fourteen days after notice of an intended marriage has been given under section 4, such marriage may be solemnized, unless it has been previously objected to in the manner hereinafter mentioned. Any person may object to any such marriage on the ground that it would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2. The nature of the objection made shall be recorded in writing by the Registrar in the register, and shall, if necessary, be read over and explained to the person making the objection, and shall be signed by him or on his behalf.",
"name": "Objection to Marriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 25,
"details": "7. On receipt of such notice of objection the Registrar shall not proceed to solemnize the marriage until the lapse of fourteen days from the receipt of such objection, if there be a Court of competent jurisdiction open at the time, or, if there be no such Court open at the time, until the lapse of fourteen days from the opening of such Court. The person objecting to the intended marriage may file a suit in any Civil Court having local jurisdiction (other than a Court of Small Causes) for a declaratory decree, declaring that such marriage would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2.",
"name": "Procedure on receipt of objection Objector may file suit",
"related_acts": "",
"section_id": 7
},
{
"act_id": 25,
"details": "8. The officer before whom such suit is filed shall thereupon give the person presenting it a certificate to the effect that such suit has been filed. If such certificate be lodged with the Registrar within fourteen days from the receipt of notice of objection, if there be a Court of competent jurisdiction open at the time, or, if there be no such Court open at the time, within fourteen days of the opening of such Court, the marriage shall not be solemnized till the decision of such Court has been given and the period allowed by law for appeals from such decision has elapsed; or, if there be an appeal from such decision, till the decision of the Appellate Court has been given. If such certificate be not lodged in the manner and within the period prescribed in the last preceding paragraph, or if the decision of the Court be that such marriage would not contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, such marriage may be solemnized. If the decision of such Court be that the marriage in question would contravene any one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2, the marriage shall not be solemnized.",
"name": "Certificate of filing of suit to be lodged with Registrar",
"related_acts": "",
"section_id": 8
},
{
"act_id": 25,
"details": "9. Any Court in which any such suit as is referred to in section 7 is filed may, if it shall appear to it that the objection was not reasonable and bonafide, inflict a fine, not exceeding one thousand rupees, on the person objecting, and award it, or any part of it, to the parties to the intended marriage.",
"name": "Court may fine when objection not reasonable",
"related_acts": "",
"section_id": 9
},
{
"act_id": 25,
"details": "10. Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Registrar, sign a declaration in the form contained in the second schedule to this Act. If either party has not completed the age of twenty-one years, the declaration shall also be signed by his or her father or guardian, except in the case of a widow, and, in every case, it shall be countersigned by the Registrar.",
"name": "Declaration by parties and witnesses",
"related_acts": "",
"section_id": 10
},
{
"act_id": 25,
"details": "11. The marriage shall be solemnized in the presence of the Registrar and of the three witnesses who signed the declaration. It may be solemnized in any form, provided that each party says to the other, in the presence and hearing of the Registrar and witnesses, \"I A, take the B, to be my lawful wife (or husband).\"",
"name": "Marriage how to be solemnized",
"related_acts": "",
"section_id": 11
},
{
"act_id": 25,
"details": "12. The marriage may be celebrated either at the office of the Registrar or at such other place, within reasonable distance of the office of the Registrar, as the parties desire: Provided that the Government may prescribe the conditions under which such marriages may be solemnized at places other than the Registrar's office, and the additional fees to be paid thereupon.",
"name": "Place where marriage may be solemnized",
"related_acts": "",
"section_id": 12
},
{
"act_id": 25,
"details": "13. When the marriage has been solemnized, the Registrar shall enter a certificate thereof in a book to be kept by him for that purpose and to be called the \"Marriage Certificate Book under Act III of 1872,\" in the form given in the third schedule to this Act, and such certificate shall be signed by the parties to the marriage and the three witnesses.",
"name": "Certificate of marriage",
"related_acts": "",
"section_id": 13
},
{
"act_id": 25,
"details": "413A. The Registrar shall send to the Registrar General of Births, Deaths and Marriages for the territories within which his district is situate, at such interval as the Government from time to time directs, a true copy certified by him, in such form as the Government from time to time prescribes, of all entries made by him in the said marriage-certificate book since the last of such intervals.",
"name": "Transmission of certified copies of entries in Marriage Certificate Book to the Registrar General of Births, Deaths and Marriages",
"related_acts": "",
"section_id": 14
},
{
"act_id": 25,
"details": "14. The Government shall prescribe the fees to be paid to the Registrar for the duties to be discharged by him under this Act. The Registrar may, if he thinks fit, demand payment of any such fee before the solemnization of the marriage or performance of any other duty in respect of which it is payable. The said Marriage-Certificate Book shall at all reasonable times be open for inspection, and shall be admissible as evidence of the truth of the statements therein contained. Certified extracts therefrom shall on application be given by the Registrar on the payment to him by the applicant of a fee to be fixed by the Government for each such extract.",
"name": "Fees",
"related_acts": "",
"section_id": 15
},
{
"act_id": 25,
"details": "15. Every person who, being at the time married, procures a marriage of himself to be solemnized under this Act, shall be deemed to have committed an offence under section 494 or section 495 of the Penal Code, as the case may be; and the marriage so solemnized is void.",
"name": "Penalty on married person marrying again under Act",
"related_acts": "",
"section_id": 16
},
{
"act_id": 25,
"details": "16. Every person married under this Act who, during the life time of his or her wife or husband, contracts any other marriage, shall be subject to the penalties provided in sections 494 and 495 of the Penal Code for the offence of marrying again during the lifetime of a husband or wife, whatever may be the religion which he or she professed at the time of such second marriage.",
"name": "Punishment of bigamy",
"related_acts": "",
"section_id": 17
},
{
"act_id": 25,
"details": "17. The Divorce Act shall apply to all marriages contracted under this Act, and any such marriage may be declared null or dissolved in the manner therein provided, and for the causes therein mentioned, or on the ground that it contravenes some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2 of this Act.",
"name": "Divorce Act to apply",
"related_acts": "",
"section_id": 18
},
{
"act_id": 25,
"details": "18. The issue of marriages solemnized under this Act shall, if they marry under this Act, be deemed to be subject to the law to which their fathers were subject as to the prohibition of marriages by reason of consanguinity and affinity, and the provisos to section 2 of this Act shall apply to them.",
"name": "Law to apply to issue of marriages under Act",
"related_acts": "",
"section_id": 19
},
{
"act_id": 25,
"details": "19. Nothing in this Act contained shall affect the validity of any marriage not solemnized under its provisions; nor shall this Act be deemed directly or indirectly to affect the validity of any mode of contracting marriage; but, if the validity of any such mode shall hereafter come into question before any Court, such question shall be decided as if this Act had not been passed.",
"name": "Saving of marriages solemnized otherwise than under Act",
"related_acts": "",
"section_id": 20
},
{
"act_id": 25,
"details": "20. Repealed by the Repealing Act, 1876 (Act No. XII of 1876).",
"name": "Repealed",
"related_acts": "",
"section_id": 21
},
{
"act_id": 25,
"details": "21. Every person making, signing or attesting any declaration or certificate prescribed by this Act, containing a statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of the offence described in section 199 of the Penal Code.",
"name": "Penalty for signing declarations or certificates containing false statements",
"related_acts": "",
"section_id": 22
},
{
"act_id": 25,
"details": "22. The marriage under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family.",
"name": "Effect of certain marriages on coparcenary",
"related_acts": "",
"section_id": 23
},
{
"act_id": 25,
"details": "23. A person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act shall have the same rights and be subject to the same disabilities in regard to any right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850, applies: Provided that nothing in this section shall confer on any person any right to any religious office or service, or to the management of any religious or charitable trust.",
"name": "Rights of succession in certain cases of marriage under Act",
"related_acts": "",
"section_id": 24
},
{
"act_id": 25,
"details": "24. Succession to the property of any person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act, and to the property of the issue of such marriage shall be regulated by the provisions of the 5Succession Act, 1925.",
"name": "Succession to the property of parties married under Act",
"related_acts": "138",
"section_id": 25
},
{
"act_id": 25,
"details": "25. No person professing the Hindu, Buddhist, Sikh or Jaina religion who marries under this Act shall have any right of adoption.",
"name": "25. \tPerson marrying under Act not to have right of adoption",
"related_acts": "",
"section_id": 26
},
{
"act_id": 25,
"details": "26. When a person professing the Hindu, Buddhist, Sikh or Jaina religion marries under this Act, his father shall, if he has no other son living, have the right to adopt another person as a son under the law to which he is subject.",
"name": "Adoption by father of person marrying under Act",
"related_acts": "",
"section_id": 27
}
],
"text": "2♣An Act to provide a form of Marriage in certain cases. Preamble WHEREAS it is expedient to provide a form of marriage for persons who do not profess the Christian, Jewish, Hindu, Muslim, Parsi, Buddhist, Sikh or Jaina religion, and for persons who profess the Hindu, Buddhist, Sikh or Jaina religion and to legalize certain marriages the validity of which is doubtful; It is hereby enacted as follows:–"
} |
{
"id": 26,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Taka\" and \"Penal Code\" were substituted, for the words \"Pakistan\" or \"East Pakistan\", \"Rupees\" or \"Rs.\" and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Section 19A was inserted by section 3 of the Indian Contract (Amendment) Act, 1899 (Act No. VI of 1899)",
"3 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Second paragraph of section 21 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Rangpur\" was substituted, for the word \"Rahimyarkhan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Sections 30A, 30B and 30C were inserted by section 2 of the Contract (Amendment) Ordinance, 1960 (Ordinance No. XLVII of 1960)",
"7 The word \"Chalna\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Chalna\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Government\" was substituted, for the words \"Central Government or of any Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Dhaka\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"Tangail\" was substituted, for the word \"Hyderabad\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word \"Narayanganj\" was substituted, for the word \"Khairpur\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words \"advocate of the Supreme Court\" were substituted, for the words \"attorneys of a High Court\" by the Bangladesh Laws (Revision And Declaration) Act, 1973, (Act No. VIII of 1973), section 3 and 2nd Schedule",
"14 Sections 178 and 178A were substituted, for section 178 by section 2 of the Indian Contract (Amendment) Act, 1930 (Act No. IV of 1930)",
"15 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The word \"Rajshahi\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Contract Act, 1872",
"num_of_sections": 208,
"published_date": "25th April, 1872",
"related_act": [
430,
150,
24,
26,
157
],
"repelled": false,
"sections": [
{
"act_id": 26,
"details": "1.\tThis Act may be called the Contract Act, 1872.",
"name": "Short title",
"related_acts": "26",
"section_id": 1
},
{
"act_id": 26,
"details": "It extends to the whole of Bangladesh; and it shall come into force on the first day of September, 1872.",
"name": "Extent Commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 26,
"details": "Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act.",
"name": "Enactments repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 26,
"details": "2. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:- (a)\tWhen one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) \tWhen the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted becomes a promise: (c) \tThe person making the proposal is called the \"promisor\" and the person accepting the proposal is called the \"promisee\": (d) \tWhen, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise: (e) \tEvery promise and every set of promises, forming the consideration for each other, is an agreement: (f) \tPromises which form the consideration or part of the consideration for each other are called reciprocal promises: (g) \tAn agreement not enforceable by law is said to be void: (h) \tAn agreement enforceable by law is a contract: (i)\tAn agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract: (j) \tA contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 26,
"details": "3. The communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal, acceptance or revocation, or which has the effect of communicating it.",
"name": "Communication, acceptance and revocation of proposals",
"related_acts": "",
"section_id": 5
},
{
"act_id": 26,
"details": "4. The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete,– as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer. The communication of a revocation is complete,- as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when it comes to his knowledge. Illustrations (a) \tA proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter. (b) \tB accepts A's proposal by a letter sent by post. The communication of the acceptance is complete,– as against A, when the letter is posted; as against B, when the letter is received by A. (c) \tA revokes his proposal by telegram. The revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it. B revokes his acceptance by telegram. B's revocation is complete as against B when the telegram is despatched, and as against A when it reaches him.",
"name": "Communication when complete",
"related_acts": "",
"section_id": 6
},
{
"act_id": 26,
"details": "5. A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. Illustrations A proposes, by a letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. B may revoke his acceptance as any time before or at the moment when the letter communicating it reaches A, but not afterwards.",
"name": "Revocation of proposals and acceptances",
"related_acts": "",
"section_id": 7
},
{
"act_id": 26,
"details": "6. A proposal is revoked – (1)\tby the communication of notice of revocation by the proposer to the other party; (2)\tby the laps of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance; (3)\tby the failure of the acceptor to fulfil a condition precedent to acceptance; or (4)\tby the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.",
"name": "Revocation how made",
"related_acts": "",
"section_id": 8
},
{
"act_id": 26,
"details": "7. In order to convert a proposal into a promise, the acceptance must- (1) \tbe absolute and unqualified; (2) \tbe expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.",
"name": "Acceptance must be absolute",
"related_acts": "",
"section_id": 9
},
{
"act_id": 26,
"details": "8. Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.",
"name": "Acceptance by performing, conditions, or receiving \tconsideration",
"related_acts": "",
"section_id": 10
},
{
"act_id": 26,
"details": "9. In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.",
"name": "Promises, express and implied",
"related_acts": "",
"section_id": 11
},
{
"act_id": 26,
"details": "10. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall affect any law in force in Bangladesh, and not hereby expressly repealed, by which any contract is required to be made in writing or in the presence of witnesses, or any law relating to the registration of documents.",
"name": "What agreements are contracts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 26,
"details": "11. Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.",
"name": "Who are competent to contract",
"related_acts": "",
"section_id": 13
},
{
"act_id": 26,
"details": "12. A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations (a) \tA patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals. (b) \tA sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.",
"name": "What is a sound mind for the purposes of contracting",
"related_acts": "",
"section_id": 14
},
{
"act_id": 26,
"details": "13. Two or more persons are said to consent when they agree upon the same thing in the same sense.",
"name": "\"Consent” defined",
"related_acts": "",
"section_id": 15
},
{
"act_id": 26,
"details": "14. Consent is said to be free when it is not caused by- (1) \tcoercion, as defined in section 15, or (2) \tundue influence, as defined in section 16,or (3) \tfraud, as defined in section 17, or (4) \tmisrepresentation, as defined in section 18, or (5) \tmistake, subject to the provisions of sections 20, 21 and 22. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.",
"name": "\"Free consent\" defined",
"related_acts": "",
"section_id": 16
},
{
"act_id": 26,
"details": "15. \"Coercion\" is the committing, or threatening to commit, any act forbidden by the Penal Code or the unlawful detaining or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. Explanation - It is immaterial whether the Penal Code is or is not in force in the place where the coercion is employed. Illustrations A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidation under the Penal Code. A afterwards sues B for breach of contract at Chittagong. A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Penal Code was not in force at the time when or place where the act was done.",
"name": "\"Coercion\" defined",
"related_acts": "",
"section_id": 17
},
{
"act_id": 26,
"details": "16.(1) A contract is said to be induced by \"undue influence\" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. (2) \tIn particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another- (a)\twhere he holds a real or apparent authority over the other or where he stands in a fiduciary relation to the other; or (b)\twhere he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) \tWhere a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. Nothing in this sub-section shall affect the provisions of section 111 of the Evidence Act, 1872. Illustrations (a) \tA having advanced money to his son, B, during his minority, upon B's coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs undue influence. (b) \tA, a man enfeebled by disease or age, is induced, by B's influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services. B employs undue influence. (c) \tA, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence. (d) \tA applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.",
"name": "\"Undue influence\" defined",
"related_acts": "24",
"section_id": 18
},
{
"act_id": 26,
"details": "17. \"Fraud\" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:- (1)\tthe suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2)\tthe active concealment of a fact by one having knowledge or belief of the fact; (3) \ta promise made without any intention of performing it; (4) \tany other act fitted to deceive; (5) \tany such act or omission as the law specially declares to be fraudulent. Explanation – Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech. Illustrations (a) \tA sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A. (b) \tB is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound. (c) \tB says to A-\"If you do not deny it, I shall assume that the horse is sound.\" A says nothing. Here, A's silence is equivalent to speech. (d) \tA and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B's willingness to proceed with the contract. A is not bound to inform B.",
"name": "\"Fraud\" defined",
"related_acts": "",
"section_id": 19
},
{
"act_id": 26,
"details": "18. “Misrepresentation\" means and includes– (1) \tthe positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) \tany breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him; (3) \tcausing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement.",
"name": "\"Misrepresentation\" defined",
"related_acts": "",
"section_id": 20
},
{
"act_id": 26,
"details": "219A. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations (a) \tA's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) \tA, a money-lender, advances Taka 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Taka 200 with interest at 6 per cent per month. The Court may set the bond aside, ordering B to repay the Taka 100 with such interest as may seem just.",
"name": "Power to set aside contract induced by undue influence",
"related_acts": "",
"section_id": 21
},
{
"act_id": 26,
"details": "19. When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract viodable at the option of the party whose consent was so caused. A party to a contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true. Exception.–If such consent was caused by misrepresenta-tion or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence. Explanation – A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. Illustrations (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (b) A, by a misrepresentation, leads B erroneously to believe that five hundred maunds of indigo are made annually at A's factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this B buys the factory. The contract is not voidable on account of A's misrepresentation. (c) A fraudulently informs B that A's estate is free from encumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage-debt redeemed. (d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through A's ignorance B is enabled to buy the estate at an under-value. The contract is voidable at the option of A. (e) A is entitled to succeed to an estate at the death of B; B dies: C, having received intelligence of B's death, prevents the intelligence reaching A, and thus induces A to sell him his interest in the estate. The sale is voidable at the option of A.",
"name": "Void ability of agreements without free consent",
"related_acts": "",
"section_id": 22
},
{
"act_id": 26,
"details": "20. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Explanation - An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact. Illustrations (a) \tA agrees to sell to B a specific cargo of goods supposed to be on its way from England to 3Chittagong. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the facts. The agreement is void. (b) \tA agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void. (c) \tA, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both parties were ignorant of the fact. The agreement is void.",
"name": "Agreement void where both parties are under mistake as to \tmatter of fact",
"related_acts": "",
"section_id": 23
},
{
"act_id": 26,
"details": "21. A contract is not voidable because it was caused by a mistake as to any law in force in Bangladesh; but a mistake as to a law not in force in Bangladesh has the same effect as a mistake of fact. 4* * * Illustration A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Bangladesh Law of Limitation: the contract is not voidable.",
"name": "Effect of mistakes as to law",
"related_acts": "",
"section_id": 24
},
{
"act_id": 26,
"details": "22. A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.",
"name": "Contract caused by mistake of one party as to matter of fact",
"related_acts": "",
"section_id": 25
},
{
"act_id": 26,
"details": "23. The consideration or object of an agreement is lawful, unless- it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void. Illustrations (a) \tA agrees to sell his house to B for 10,000 Taka. Here B's promise to pay the sum of 10,000 Taka is the consideration for A's promise to sell the house, and A's promise to sell the house is the consideration for B's promise to pay the 10,000 Taka. These are lawful considerations. (b) \tA promises to pay B 1,000 Taka at the end of six months; if C, who owes that sum to B, fails to pay it. B promises to grant time to C accordingly. Here the promise of each party is the consideration for the promise of the other party and they are lawful considerations. (c) \tA promises, for a certain sum paid to him by B, to make good to B the value of his ship if it is wrecked on a certain voyage. Here A's promise is the consideration for B's payment and B's payment is the consideration for A's promise and these are lawful considerations. (d) \tA promises to maintain B's child and B's promises to pay A 1,000 Taka yearly for the purpose. Here the promise of each party is the consideration for the promise of the other party. They are lawful considerations. (e) \tA, B and C enter into an agreement for the division among them of gains acquired, or to be acquired, by them by fraud. The agreement is void, as its object is unlawful. (f) \tA promises to obtain for B an employment in the public service, and B promises to pay 1,000 Taka to A. The agreement is void, as the consideration for it is unlawful. (g) \tA, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for B a lease of land belonging to his principal. The agreement between A and B is void, as it implies a fraud by concealment by A, on his principal. (h) \tA promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of the things taken. The agreement is void, as its object is unlawful. (i) \tA's estate is sold for arrears of revenue under the provisions of an Act of the Legislature, by which the defaulter is prohibited from purchasing the estate. B, upon an understanding with A, becomes the purchaser, and agrees to convey the estate to A upon receiving from him the price which B has paid. The agreement is void, as it renders the transaction, in effect, a purchase by the defaulter, and would so defeat the object of the law. (j) \tA, who is B's mukhtar, promises to exercise his influence, as such, with B in favour of C, and C promises to pay 1,000 Taka to A. The agreement is void, because it is immoral. (k) \tA agrees to let her daughter to hire to B for concubinage. The agreement is void, because it is immoral, though the letting may not be punishable under the Penal Code.",
"name": "What considerations and objects are lawful and what not",
"related_acts": "",
"section_id": 26
},
{
"act_id": 26,
"details": "24. If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object is unlawful, the agreement is void. Illustration A promises to superintend, on behalf of B, a legal manufacture of indigo, and an illegal traffic in other articles. B promises to pay to A a salary of 10,000 Taka a year. The agreement is void, the object of A's promise and the considerations B's promise being in part unlawful.",
"name": "Agreements void, if considerations and objects unlawful in \tpart",
"related_acts": "",
"section_id": 27
},
{
"act_id": 26,
"details": "25. An agreement made without consideration is void, unless– (1)\tit is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other; or unless (2)\tit is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do, or unless (3)\tit is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. In any of these cases, such an agreement is a contract. Explanation 1 – Nothing in this section shall affect the validity, as between the donor and donee, of any gift actually made. Explanation 2 – An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given. Illustrations (a) \tA promises, for no consideration, to give to B Taka 1,000. This is a void agreement. (b) \tA, for natural love and affection, promises to give his son, B, Taka 1,000. A puts his promise to B into writing and registers it. This is a contract. (c) \tA finds B's purse and gives it to him. B promises to give A Taka 50. This is a contract. (d) \tA supports B's infant son. B promises to pay A's expenses in so doing. This is a contract. (e) \tA owes B Taka 1,000, but the debt is barred by the Limitation Act. A signs a written promise to pay B Taka 500 on account of the debt. This is a contract. (f) \tA agrees to sell a horse worth Taka 1,000 for Taka 10. A's consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration. (g) \tA agrees to sell a horse worth Taka 1,000 for Taka 10. A denies that his consent to the agreement was freely given. The inadequacy of the consideration is a fact which the Court should take into account in considering whether or not A's consent was freely given.",
"name": "Agreement without consideration void, unless it is in writing \tand registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law",
"related_acts": "",
"section_id": 28
},
{
"act_id": 26,
"details": "26. Every agreement in restrain of the marriage of any person, other than a minor, is void.",
"name": "Agreement in restraint of marriage void",
"related_acts": "",
"section_id": 29
},
{
"act_id": 26,
"details": "27. Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Exception 1.–One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein: Provided that such limits appear to the Court reasonable, regard being had to the nature of the business. Exception 2 and 3. Repealed by section 73 and 2nd Schedule of the Partnership Act, 1932 (Act No. IX of 1932).",
"name": "Agreement in restraint of trade void Saving of agreement not to carry on business of which good-\twill is sold",
"related_acts": "157",
"section_id": 30
},
{
"act_id": 26,
"details": "28. Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. Exception 1.–This section shall not render illegal a contract by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred. Exception 2.-Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration.",
"name": "Agreements in restraint of legal proceedings void Saving of contract to refer to arbitration dispute that may \tarise Suits barred by such contracts\tSaving of contract to refer questions that have already arisen",
"related_acts": "",
"section_id": 31
},
{
"act_id": 26,
"details": "29. Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations (a) \tA agrees to sell to B \"a hundred tons of oil\". There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. (b) \tA agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void. (c) \tA, who is a dealer in coconut-oil only, agrees to sell to B \"one hundred tons of oil\". The nature of A's trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of Coconut-oil. (d) \tA agrees to sell B \"all the grain in my granary at 5Rangpur\". There is no uncertainty here to make the agreement void. (e) \tA agrees to sell to B \"one thousand mounds of rice at a price to be fixed by C\". As the price is capable of being made certain, there is no uncertainty here to make the agreement void. (f) \tA agrees to sell to B \"my white horse for Taka five hundred or Taka one thousand\". There is nothing to show which of the two prices was to be given. The agreement is void.",
"name": "Agreements void for uncertainty",
"related_acts": "",
"section_id": 32
},
{
"act_id": 26,
"details": "630A. All agreements knowingly made to further or assist the entering into, effecting or carrying out, or to secure or guarantee the performance, of any agreement void under section 30, are void.",
"name": "Agreements collateral to wagering agreements void",
"related_acts": "",
"section_id": 33
},
{
"act_id": 26,
"details": "30C. No guardian, executor, administrator, heir or personal representative of any minor or deceased person, as the case may be, shall be entitled to or allowed any credit in his account for or in respect of any payment made by him on behalf of such minor or deceased person in respect of any such agreement, or any such commission, brokerage, fee, reward or claim as is referred to in sections 30A and 30B.",
"name": "Payment by guardian, executor, etc., in respect of void \tagreements not to be allowed credit",
"related_acts": "",
"section_id": 34
},
{
"act_id": 26,
"details": "30. Agreements by way of wager are void; and no suit shall be brought for recovering anything alleged to be own on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which wager is made. This section shall not be deemed to render unlawful a subscription, or contribution, or agreement to subscribe or contribute, made or entered into for or toward any plate, prize or sum of money, of the value or amount of five hundred Taka or upwards, to be awarded to the winner or winners of any horse race. Nothing in this section shall be deemed to legalize any transaction connected with horse-racing, to which the provisions of section 294A of the Penal Code apply.",
"name": "Agreements by way of wager void\tExceptions in favour of certain prizes for horse-racing. Section 294A of the Penal Code not affected",
"related_acts": "",
"section_id": 35
},
{
"act_id": 26,
"details": "30B. No suit or other proceeding shall lie for the recovery of– (a)\tany sum of money paid or payable in respect of any agreement void under section 30A, or (b)\tany commission, brokerage, fee, or reward in respect of knowingly effecting or carrying out, or aiding in effecting or carrying out, of any such agreement or of any sum of money otherwise claimed or claimable in respect thereof, or (c)\tany sum of money knowingly paid or payable on account of any person by way of commission, brokerage, fee, reward or other claim in respect of any such agreement.",
"name": "No suit for recovery of money, commission etc., in respect of void agreements",
"related_acts": "",
"section_id": 36
},
{
"act_id": 26,
"details": "31. A \"contingent contract\" is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Illustration A contracts to pay B Taka 10,000 if B's house is burnt. This is a contingent contract.",
"name": "\"Contingent contract\" defined",
"related_acts": "",
"section_id": 37
},
{
"act_id": 26,
"details": "32. Contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. Illustrations (a) \tA makes a contract with B to buy B's horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime. (b) \tA makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse. (c) \tA contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void.",
"name": "Enforcement of contracts contingent on an event happening",
"related_acts": "",
"section_id": 38
},
{
"act_id": 26,
"details": "33. Contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible, and not before. Illustration A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can be enforced when the ship sinks.",
"name": "Enforcement of contracts contingent on an event not happening",
"related_acts": "",
"section_id": 39
},
{
"act_id": 26,
"details": "34. If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. Illustration A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible, although it is possible that D may die and that C may afterwards marry B.",
"name": "When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person",
"related_acts": "",
"section_id": 40
},
{
"act_id": 26,
"details": "35. Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible.",
"name": "When contracts become void which are contingent on happening of specified event within fixed time",
"related_acts": "",
"section_id": 41
},
{
"act_id": 26,
"details": "Contingent contracts to do or not to do anything if a specified uncertain event does not happen within a fixed time may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen. Illustrations (a)\tA promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year. (b) \tA promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the ship does not return within the year, or is burnt within the year.",
"name": "When contracts may be enforced which are contingent on specified event not happening within fixed time",
"related_acts": "",
"section_id": 42
},
{
"act_id": 26,
"details": "36. Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made. Illustrations (a) \tA agrees to pay B 1,000 Taka if two straight lines should enclose a space. The agreement is void. (b) \tA agrees to pay B 1,000 Taka if B will marry A's daughter C. C was dead at the time of the agreement. The agreement is void.",
"name": "Agreement contingent on impossible events void",
"related_acts": "",
"section_id": 43
},
{
"act_id": 26,
"details": "37. The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law. Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract. Illustrations (a) \tA promises to deliver goods to B on a certain day on payment of Taka 1,000. A dies before that day. A's representatives are bound to deliver the goods to B, and B is bound to pay the Taka 1,000 to A's representatives. (b) \tA promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A's representatives or by B.",
"name": "Obligation of parties to contracts",
"related_acts": "",
"section_id": 44
},
{
"act_id": 26,
"details": "38. Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract. Every such offer must fulfil the following conditions:– (1) \tit must be unconditional: (2) \tit must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what he is bound by his promise to do: (3) \tif the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Illustration A contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 bales of cotton of a particular quality. In order to make an offer of a performance with the effect stated in this section, A must bring the cotton to B's warehouse, on the appointed day, under such circumstances that B may have a reasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for, and that there are 100 bales.",
"name": "Effect of refusal to accept offer of performance",
"related_acts": "",
"section_id": 45
},
{
"act_id": 26,
"details": "39. When a party to a contract has refused to perform, or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. Illustrations (a) \tA, a singer, enters into a contract with B, the manager of a theatre, to sing at his theater two nights in every week during the next two months, and B engages to pay her 100 Taka for each nights performance. On the sixth night A wilfully absents herself from the theatre. B is at liberty to put an end to the contract. (b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her at the rate of 100 Taka for each night. On the sixth night A wilfully absents herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract, and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through A's failure to sing on the sixth night.",
"name": "Effect of refusal of party to perform promise wholly",
"related_acts": "",
"section_id": 46
},
{
"act_id": 26,
"details": "40. If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.Illustrations (a) \tA promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so. (b) \tA promises to paint a picture for B. A must perform this promise personally.",
"name": "Person by whom promise is to be performed",
"related_acts": "",
"section_id": 47
},
{
"act_id": 26,
"details": "41. When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.",
"name": "Effect of accepting performance from third person",
"related_acts": "",
"section_id": 48
},
{
"act_id": 26,
"details": "42. When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons during their joint lives, and after the death of any of them his representative jointly with the survivor or survivors, and after the death of the last survivor, the representatives of all jointly, must fulfil the promise.",
"name": "Devolution of joint liabilities",
"related_acts": "",
"section_id": 49
},
{
"act_id": 26,
"details": "43. When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of such joint promisors to perform the whole of the promise. Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract. If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. Explanation – Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal. Illustrations (a) \tA, B and C jointly promise to pay D 3,000 Taka. D may compel either A or B or C to pay him 3,000 Taka. (b) \tA, B and C jointly promise to pay D the sum of 3,000 Taka. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one-half of his debts. C is entitled to receive 500 Taka from A's estate, and 1,250 Taka from B. (c) \tA, B and C are under a joint promise to pay D 3,000 Taka. C is unable to pay anything, and A is compelled to pay the whole. A is entitled to receive 1,500 Taka from B. (d) \tA, B and C are under a joint promise to pay D 3,000 Taka, A and B being only sureties for C. C fails to pay. A and B are compelled to pay the whole sum. They are entitled to recover it from C.",
"name": "Any one of joint promisors may be compelled to perform Each promisor may compel contribution Sharing of loss by default in contribution",
"related_acts": "",
"section_id": 50
},
{
"act_id": 26,
"details": "44. Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.",
"name": "Effect of release of one joint promisor",
"related_acts": "",
"section_id": 51
},
{
"act_id": 26,
"details": "45. When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors, and, after the death of the last survivor, with the representatives of all jointly. Illustration A, in consideration of 5,000 Taka lent to him by B and C, promises B and C jointly to repay them that sum with interest on a day specified. B dies. The right to claim performance rests with B's representative jointly with C during C's life, and after the death of C with the representatives of B and C jointly.",
"name": "Devolution of joint rights",
"related_acts": "",
"section_id": 52
},
{
"act_id": 26,
"details": "46. Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time.\tExplanation – The question \"what is a reasonable time\" is, in each particular case, a question of fact.",
"name": "Time for performance of promise where no application is \tto be made and no time is specified",
"related_acts": "",
"section_id": 53
},
{
"act_id": 26,
"details": "47. When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.",
"name": "Time and place for performance of promise where time is \tspecified and no application to be made",
"related_acts": "",
"section_id": 54
},
{
"act_id": 26,
"details": "48. When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation – The question \"what is a proper time and place\" is, in each particular case, a question of fact.",
"name": "Application for performance on certain day to be at proper \ttime and place",
"related_acts": "",
"section_id": 55
},
{
"act_id": 26,
"details": "49. When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place. Illustration A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.",
"name": "Place for performance of promise were no application to be \tmade and no place fixed for performance",
"related_acts": "",
"section_id": 56
},
{
"act_id": 26,
"details": "50. The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions. Illustrations (a) \tB awes A 2,000 Taka. A desires B to pay the amount to A's account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A's credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B. (b) \tA and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other. (c) \tA owes B 2,000 Taka. B accepts some of A's goods in reduction of the debt. The delivery of the goods operates as a part payment. (d) \tA desires B, who owes him Taka 100, to send him a note for Taka 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.",
"name": "Performance in manner or at time prescribed or sanctioned \tby promisee",
"related_acts": "",
"section_id": 57
},
{
"act_id": 26,
"details": "51. When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. Illustrations (a) \tA and B contract that A shall deliver goods to B to be paid for by B on delivery. A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery. B need not pay for the goods, unless A is ready and willing to deliver them on payment. (b) \tA and B contract that A shall deliver goods to B at a price to be paid by installments, the first installment to be paid on delivery. A need not deliver, unless B is ready and willing to pay the first installment on delivery. B need not pay the first installment, unless A is ready and willing to deliver the goods on payment of the first installment.",
"name": "Promisor not bound to perform, unless reciprocal \tpromisee ready and willing to perform",
"related_acts": "",
"section_id": 58
},
{
"act_id": 26,
"details": "52. Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and, where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires. Illustrations (a) \tA and B contract that A shall build a house for B at a fixed price. A's promise to build the house must be performed before B's promise to pay for it. (b) \tA and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the payment of the money. A's promise need not be performed until the security is given, for the nature of the transaction requires that A should have security before he delivers up his stock.",
"name": "Order of performance of reciprocal promises",
"related_acts": "",
"section_id": 59
},
{
"act_id": 26,
"details": "53. When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the non-performance of the contract. Illustration A and B contract that B shall execute certain work for A for a thousand Taka. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance.",
"name": "Liability of party preventing event on which the contract \tis to take effect",
"related_acts": "",
"section_id": 60
},
{
"act_id": 26,
"details": "54. When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract. Illustrations (a) \tA hires B's ship to take in and convey, from Chittagong to the Mauritius, a cargo to be provided by A, B receiving a certain freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract. (b) \tA contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract. (c)\tA contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. A's promise to deliver need not be performed, and B must make compensation. (d) \tA promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B's promise to pay need not be performed, and A must make compensation.",
"name": "Effect of default as to that promise which should be first \tperformed, in contract consisting of reciprocal promises",
"related_acts": "",
"section_id": 61
},
{
"act_id": 26,
"details": "55. When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before a specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract.",
"name": "Effect of failure to perform at fixed time, in contract in \twhich time is essential",
"related_acts": "",
"section_id": 62
},
{
"act_id": 26,
"details": "If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure.",
"name": "Effect of such failure when time is not essential",
"related_acts": "",
"section_id": 63
},
{
"act_id": 26,
"details": "If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.",
"name": "Effect of acceptance of performance at time other than \tthat agreed upon",
"related_acts": "",
"section_id": 64
},
{
"act_id": 26,
"details": "56. An agreement to do an act impossible in itself is void.",
"name": "Agreement to do impossible act",
"related_acts": "",
"section_id": 65
},
{
"act_id": 26,
"details": "A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promissor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.",
"name": "Contract to do act afterwards becoming impossible or \tunlawful",
"related_acts": "",
"section_id": 66
},
{
"act_id": 26,
"details": "Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance of the promise. Illustrations (a) \tA agrees with B to discover treasure by magic. The agreement is void. (b) \tA and B contract to marry each other. Before the time fixed for the marriage, A goes mad. The contract becomes void. (c) \tA contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to practise polygamy. A must make compensation to B for the loss caused to her by the non-performance of his promise. (d) \tA contracts to take in cargo for B at a foreign port. A's Government afterwards declares war against the country in which the port is situated. The contract becomes void when war is declared. (e) \tA contracts to act at a theatre for six months in consideration of a sum, paid in advance by B. On several occasions A is too ill to act. The contract to act on those occasions becomes void.",
"name": "Compensation for loss through non-performance of act \tknown to be impossible or unlawful",
"related_acts": "",
"section_id": 67
},
{
"act_id": 26,
"details": "57. Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement. Illustration A and B agree that A shall sell B a house for 10,000 Taka but that, if B uses it as a gambling house, he shall pay A 50,000 Taka for it. The first set of reciprocal promises, namely, to sell the house and to pay 10,000 Taka for it, is a contract. The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.",
"name": "Reciprocal promise to do things legal, and also other \tthings illegal",
"related_acts": "",
"section_id": 68
},
{
"act_id": 26,
"details": "58. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. Illustration A and B agree that A shall pay B 1,000 Taka for which B shall afterwards deliver to A either rice or smuggled opium. This is a valid contract to deliver rice, and a void agreement as to the opium.",
"name": "Alternative promise, one branch being illegal",
"related_acts": "",
"section_id": 69
},
{
"act_id": 26,
"details": "59. Where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying that the payment is to be applied to the discharge of some particular debt, the payment, if accepted, must be applied accordingly. Illustrations (a) \tA owes B, among other debts, 1,000 Taka upon a promissory note which falls due on the first June. He owes B no other debt of that amount. On the first June A pays to B 1,000 Taka. The payment is to be applied to the discharge of the promissory note. (b) \tA owes to B, among other debts the sum of 567 Taka. B writes to A and demands payment of this sum. A sends to B 567 Taka. This payment is to be applied to the discharge of the debt of which B had demanded payment.",
"name": "Application of payment, where debt to be discharged is \tindicated",
"related_acts": "",
"section_id": 70
},
{
"act_id": 26,
"details": "60. Where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suits.",
"name": "Application of payment, where debt to be discharged is \tnot indicated",
"related_acts": "",
"section_id": 71
},
{
"act_id": 26,
"details": "61. Where neither party makes any appropriation the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal standing, the payment shall be applied in discharge of each proportionally.",
"name": "Application of payment where neither party appropriates",
"related_acts": "",
"section_id": 72
},
{
"act_id": 26,
"details": "62. If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. Illustrations (a) \tA owes money to B under a contract. It is agreed between A, B and C that B shall thenceforth accept C as his debtor, instead of A. The old debt of A to B is at an end, and a new debt from C to B has been contracted. (b) \tA owes B 10,000 Taka. A enters into an arrangement with B, and gives B a mortgage of his (A's) estate for 5,000 Taka, in place of the debt of 10,000 Taka. This is a new contract and extinguishes the old. (c) \tA owes B 1,000 Taka under a contract. B owes C 1,000 Taka. B orders A to credit C with 1,000 Taka in his books, but C does not assent to the arrangement. B still owes C 1,000 Taka, and no new contract has been entered into.",
"name": "Effect of novation, rescission and alteration of contract",
"related_acts": "",
"section_id": 73
},
{
"act_id": 26,
"details": "63. Every promisee may dispense with or remit, wholly or in part, the performance of the promise made to him or may extend the time for such performance, or may accept instead of it any satisfaction which he thinks fit. Illustrations (a) \tA promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise. (b) \tA owes B 5,000 Taka. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 Taka paid at the time and place at which the 5,000 Taka were payable. The whole debt is discharged. (c) \tA owes B 5,000 Taka. C pays to B 1,000 Taka, and B accepts them, in satisfaction of his claim on A. This payment is a discharge of the whole claim. (d) \tA owes B, under a contract, a sum of money, the amount of which has not been ascertained. A, without ascertaining the amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 Taka. This is a discharge of the whole debt, whatever may be its amount. (e) \tA owes B 2,000 Taka and is also indebted to other creditors. A makes an arrangement with his creditors, including B, to pay them a composition of eight annas in the Taka upon their respective demands. Payment to be of 1,000 Taka is a discharge of B's demand.",
"name": "Promisee may dispense with or remit performance of promise",
"related_acts": "",
"section_id": 74
},
{
"act_id": 26,
"details": "64. When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.",
"name": "Consequences of rescission of voidable contract",
"related_acts": "",
"section_id": 75
},
{
"act_id": 26,
"details": "65. When an agreement is discovered to be void, or when a contact becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it. Illustrations (a) \tA pays B 1,000 Taka in consideration of B's promising to marry C, A's daughter. C is dead at the time of promise. The agreement is void, but B must repay A the 1,000 Taka. (b) \tA contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them. (c) \tA, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her a hundred Taka for each night's performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung. (d) \tA contracts to sing for B at a concert for 1,000 Taka which are paid in advance. A is too ill to sing. A is not bound to make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the 1,000 Taka paid in advance.",
"name": "Obligation of person who has received advantage under \tvoid agreement or contract that becomes void",
"related_acts": "",
"section_id": 76
},
{
"act_id": 26,
"details": "66. The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.",
"name": "Mode of communicating or revoking rescission of voidable \tcontract",
"related_acts": "",
"section_id": 77
},
{
"act_id": 26,
"details": "67. If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby. Illustration A contracts with B to repair B's house. B neglects or refuses to point out to A the places in which his house requires repair. A is excused for the non-performance of the contract if it is caused by such neglect or refusal.",
"name": "Effect of neglect of promisee to afford promisor reasonable \tfacilities for performance",
"related_acts": "",
"section_id": 78
},
{
"act_id": 26,
"details": "68. If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Illustrations (a) \tA supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property. (b) \tA supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B's property.",
"name": "Claim for necessaries supplied to person incapable of \tcontracting or on his account",
"related_acts": "",
"section_id": 79
},
{
"act_id": 26,
"details": "69. A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. Illustration B holds land in Bangladesh, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his lands is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of B's lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A. A is bound to make good to B the amount so paid.",
"name": "Reimbursement of person paying money due by another in \tpayment of which he is interested",
"related_acts": "",
"section_id": 80
},
{
"act_id": 26,
"details": "70. Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered. Illustrations (a) \tA, a tradesman, leaves goods at B's house by mistake. B treats the goods as his own. He is bound to pay A for them. (b) \tA saves B's property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously.",
"name": "Obligation of person enjoying benefit of non- gratuitous act",
"related_acts": "",
"section_id": 81
},
{
"act_id": 26,
"details": "71. A person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee.",
"name": "Responsibility of finder of goods",
"related_acts": "",
"section_id": 82
},
{
"act_id": 26,
"details": "72. A person to whom money has been paid or any thing delivered by mistake or under coercion, must repay or return it. Illustrations (a) A and B jointly owe 100 Taka to C. A alone pays the amount to C, and B, not knowing this fact, pays 100 Taka over again to C. C is bound to repay the amount to B. (b) \tA railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive.",
"name": "Liability of person to whom money is paid or thing delivered by mistake or under coercion",
"related_acts": "",
"section_id": 83
},
{
"act_id": 26,
"details": "73. When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damagecaused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.",
"name": "Compensation for loss or damage caused by breach of contract",
"related_acts": "",
"section_id": 84
},
{
"act_id": 26,
"details": "When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. Explanation – In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account. Illustrations (a) \tA contracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be paid on delivery. A breaks his promise. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered. (b) \tA hires B's ship to go to 7Chalna, and there take on board, on the first of January, a cargo which A is to provide and to bring it to Chittagong, the freight to be paid when earned. B's ship does not go to 8Chalna, but A has opportunities of procuring suitable conveyance for the cargo upon terms as advantageous as those on which he had chartered the ship. A avails himself of those opportunities, but is put to trouble and expense in doing so. A is entitled to receive compensation from B in respect of such trouble and expense. (c) \tA contracts to buy of B, at a stated price, 50 maunds of rice, no time being fixed for delivery. A afterwards informs B that he will not accept the rice if tendered to him. B is entitled to receive from A, by way of compensation, the amount, if any, by which the contract price exceeds that which B can obtain for the rice at the time when A informs B that he will not accept it. (d) A contracts to buy B's ship for 60,000 Taka, but breaks his promise. A must pay to B, by way of compensation, the excess, if any, of the contract price over the price which B can obtain for the ship at the time of the breach of the promise. (e) A, the owner of a boat, contracts with B to take a cargo of jute to Mymensingh, for sale at that place, starting on a specified day. The boat owing to some avoidable cause, does not start at the time appointed, where by the arrival of the cargo at Mymensingh is delayed beyond the time when it would have arrived if the boat had sailed according to the contract. After that date, and before the arrival of the cargo, the price of jute falls. The measure of the compensation payable to B by A is the difference between the price which B could have obtained for the cargo at Mymensingh at the time when it would have arrived if forwarded in due course, and its market price at the time when it actually arrived. (f) A contracts to repair B's house in a certain manner, and receives payment in advance. A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference between the contract price of the iron and the sum for which A could have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A's mill informing B that his mill is stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, losses a profitable contract with the Government. A is entitled to receive from B, by way of compensation, the average amount of profit which would have been made by the working of the mill during the time that delivery of it was delayed, but not the loss sustained through the loss of the Government contract. (j) A, having contracted with B to supply B with 1,000 tons of iron at 100 Taka a ton, to be delivered at a stated time, contracts with C for the purchase of 1,000 tons of iron at 80 Taka a ton, telling C that he does so for the purpose of performing his contract with B. C fails to perform his contract with A, who cannot procure other iron, and B, in consequence, rescinds the contract. C must pay to A 20,000 Taka, being the profit which A would have made by the performance of his contract with B. (k) A contracts with B to make and deliver to B, by a fixed day, for a specified price, a certain piece of machinery. A does not deliver the piece of machinery at the time specified, and, in consequence of this, B is obliged to procure another at a higher price than that which he was to have paid to A, and is prevented from performing a contract which B had made with a third person at the time of his contract with A (but which had not been then communicated to A), and is compelled to make compensation for breach of that contract. A must pay to B, by way of compensation, the difference between the contract price of the piece of machinery and the sum paid by B for another, but not the sum paid by B to the third person by way of compensation. (l) A, a builder, contracts to erect and finish a house by the first of January, in order that B may give possession of it at that time to C, to whom B has contracted to let it. A is informed of the contract between B and C. A builds the house so badly that, before the first of January, if falls down and has to be rebuilt by B, who, in consequence, losses the rent which he was to have received from C, and is obliged to make compensation to C for the breach of his contract. A must make compensation to B for the cost of rebuilding the house, for the rent lost, and for the compensation made to C. (m) A sells certain merchandise to B, warranting it to be of a particular quality, and B, in reliance upon this warranty, sells it to C with a similar warranty. The goods prove to be not according to the warranty, and B becomes liable to pay C a sum of money by way of compensation. B is entitled to be reimbursed this sum by A. (n) A contracts to pay a sum of money to B on a day specified. A does not pay the money on that day; B, in consequence of not receiving the money on that day, is unable to pay his debts, and is totally ruined. A is not liable to make good to B anything except the principal sum he contracted to pay, together with interest up to the day of payment. (o) A contracts to deliver 50 maunds of saltpetre to B on the first of January, at a certain price. B afterwards, before the first of January, contracts to sell the saltpetre to C at a price higher than the market price of the first of January. A breaks his promise. In estimating the compensation payable by A to B, the market price of the first of January, and not the profit which would have arisen to B from the sale to C, is to be taken into account. (p) A contracts to sell and deliver 500 bales of cotton to B on a fixed day, A Knows nothing of B's mode of conducting his business. A breaks his promise, and B, having no cotton, is obliged to close his mill. A is not responsible to B for the loss caused to B by the closing of the mill. (q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in marking preparation for the manufacture. (r) A, a ship-owner, contracts with B to convey him from Chittagong to Sydney in A's ship, sailing on the first of January, and B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being, in consequence, detained in Chittagong for some time, and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the expense to which he is put by his detention in Chittagong, and the excess, if any, of the passage-money paid for the second ship over that agreed upon for the first, but not the sum of money which B lost by arriving in Sydney too late.",
"name": "Compensation for failure to discharge obligation resembling those created by contract",
"related_acts": "",
"section_id": 85
},
{
"act_id": 26,
"details": "74. When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. Explanation – A stipulation for increased interest from the date of default may be stipulation by way of penalty. Exception.–When any person enters into any bail-bond, recognizance or other instrument of the same nature, or, under the provisions of any law, or under the orders of the 9Government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein. Explanation -A person who enters into a contract with Government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. Illustrations (a) \tA contracts with B to pay B Taka 1,000, if he fails to pay B Taka 500 on a given day. A fails pay B Taka 500 on that day. B is entitled to recover from A such compensation, not exceeding Taka 1,000, as the Court considers reasonable. (b) \tA contracts with B that, if A practices as a surgeon within Chittagong, he will pay B Taka 5,000. A practices as a surgeon in Chittagong. B is entitled to such compensation, not exceeding Taka 5,000, as the Court considers reasonable. (c) A gives a recognizance binding him in a penalty of Taka 500 to appear in court on a certain day. He forfeits his recognizance. He is liable to pay the whole penalty. (d) \tA gives B a bond for the repayment of Taka 1,000 with interest at 12 per cent. at the end of six months, with a stipulation that in case of default, interest shall be payable at the rate of 75 per cent. from the date of default. This is a stipulation by way of penalty, and B is only entitled to recover from A such compensation as the Court considers reasonable. (e) \tA, who owes money to B, a money-lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liable to deliver 20 maunds. This is a stipulation by way of penalty, and B is only entitled to reasonable compensation in case of breach. (f) \tA undertakes to repay B a loan of Taka 1,000 by five equal monthly instalments with a stipulation that, in default of payment of any installment, the whole shall become due. This stipulation is not by way of penalty, and the contract may be enforced according to its terms. (g) \tA borrows Taka 100 from B and gives him a bond for Taka 200 payable by five yearly instalments of Taka 40, with a stipulation that, in default of payment of any installment, the whole shall become due. This is a stipulation by way of penalty.",
"name": "Compensation for breach of contract where penalty \tstipulated for",
"related_acts": "",
"section_id": 86
},
{
"act_id": 26,
"details": "75. A person who rightly rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract. Illustration A, a singer, contract with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her 100 Taka for each night's performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract.",
"name": "Party rightfully rescinding contract entitled to \tcompensation",
"related_acts": "",
"section_id": 87
},
{
"act_id": 26,
"details": "Repealed by the Sale of Goods Act, 1930 (Act No. III of 1930), section 65.",
"name": "Repealed",
"related_acts": "150",
"section_id": 88
},
{
"act_id": 26,
"details": "124.\tA contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a \"contract of indemnity\". Illustration A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of 200 Taka. This is a contract of indemnity.",
"name": "\"Contract of indemnity\" defined",
"related_acts": "",
"section_id": 89
},
{
"act_id": 26,
"details": "125. \tThe promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor- (1) \tall damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies; (2) \tall costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit; (3) \tall sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.",
"name": "Rights of indemnity- holder when sued",
"related_acts": "",
"section_id": 90
},
{
"act_id": 26,
"details": "126. \tA \"contract of guarantee\" is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the \"surety\": the person in respect of whose default the guarantee is given is called the \"principal debtor\", and the person to whom the guarantee is given is called the \"creditor\". A guarantee may be either oral or written.",
"name": "\"Contract of guarantee\", \"surety\", \"principal debtor\" and \t\"creditor\"",
"related_acts": "",
"section_id": 91
},
{
"act_id": 26,
"details": "127. \tAnything done, or any promise made, for the benefit of the principal debtor may be a sufficient consideration to the surety for giving the guarantee. Illustrations (a) \tB requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the price of the goods. C promises to guarantee the payment in consideration of A's promise to deliver the goods. This is a sufficient consideration for C's promise. (b) \tA sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that if he does so, C will pay for them in defaults of payment by B. A agrees to forbear as requested. This is a sufficient consideration for C's promise. (c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in default of B. The agreement is void.",
"name": "Consideration for guarantee",
"related_acts": "",
"section_id": 92
},
{
"act_id": 26,
"details": "128. \tThe liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. Illustration A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable not only for the amount of the bill but also for any interest and charges which may have become due on it.",
"name": "Surety's liability",
"related_acts": "",
"section_id": 93
},
{
"act_id": 26,
"details": "129. \tA guarantee which extends to a series of transactions is called a \"continuing guarantee\". Illustrations (a) \tA, in consideration that B will employ C in collecting the rent of B's zamindari, promises B to be responsible, to the amount of 5,000 Taka, for the due collection and payment by C of those rents. This is a continuing guarantee. (b) \tA guarantees payment to B, a tea-dealer, to the amount of £ 100, for any tea he may from time to time supply to C. B supplies C with tea to above the value of £ 100, and C pay B for it. Afterwards B supplies C with tea to the value of £ 200. C fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £ 100. (c) \tA guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does not pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.",
"name": "\"Continuing guarantee\"",
"related_acts": "",
"section_id": 94
},
{
"act_id": 26,
"details": "130. \tA continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor. Illustrations (a) \tA, in consideration of B's discounting, at A's request, bills of exchange for C, guarantees to B, for twelve months, the due payment of all such bills to the extent of 5,000 Taka. B discounts bills for C to the extent of 2,000 Taka. Afterwards, at the end of three months, A revokes the guarantee. This revocation discharges A from all liability to B for any subsequent discount. But A is liable to B for the 2,000 Taka, on default of C. (b) \tA guarantees to B, to the extent of 10,000 Taka, that C shall pay all the bills that B shall draw upon him. B draws upon C. C accepts the bill. A gives notice of revocation. C dishonours the bill at maturity. A is liable upon his guarantee.",
"name": "Revocation of continuing guarantee",
"related_acts": "",
"section_id": 95
},
{
"act_id": 26,
"details": "131. \tThe death of the surety operates, in the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards future transactions.",
"name": "Revocation of continuing guarantee by surety's death",
"related_acts": "",
"section_id": 96
},
{
"act_id": 26,
"details": "132. \tWhere two persons contract with a third person to undertake a certain liability, and also contract with each other that one of them shall be liable only on the default of the other, the third person not being a party to such contract, the liability of each of such two persons to the third person under the first contract is not affected by the existence of the second contract, although such third person may have been aware of its existence. Illustration A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answers to a suit by C against A upon the note.",
"name": "Liability of two persons primarily liable, not affected by \tarrangement between them that one shall be surety on \tother’s default",
"related_acts": "",
"section_id": 97
},
{
"act_id": 26,
"details": "133. \tAny variance, made without the surety's consents, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the variance. Illustrations (a) \tA becomes surety to C for B's conduct as a manager in C's bank. Afterwards, B and C contract, without A's consent, that B's salary shall be raised, and that he shall become liable for one-fourth of the losses on overdrafts. B allows a customer to overdraw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his consent, and is not liable to make good this loss. (b) \tA guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are defined by an Act of the Legislature. By a subsequent Act, the nature of the office is materially altered. Afterwards, B misconducts himself. A is discharged by the change from future liability under his guarantee, though the misconduct of B is in respect of a duty not affected by the later Act. (c) \tC agrees to appoint B as his clerk to sell goods at a yearly salary, upon A's becoming surety to C for B's duly accounting for moneys received by him as such clerk. Afterwards, without A's knowledge or consent, C and B agree that B should be paid by a commission on the goods sold by him and not by a fixed salary. A is not liable for subsequent misconduct of B. (d) \tA gives to C a continuing guarantee to the extent of 3,000 Taka for any oil supplied by C to B on credit. Afterwards B becomes embarrassed, and , without the knowledge of A, B and C contract that C shall continue to supply B with oil for ready money, and that the payments shall be applied to the then existing debts between B and C. A is not liable on his guarantee for any goods supplied after this new arrangement. (e) \tC contracts to lend B 5,000 Taka on the 1st March. A guarantees repayment. C pays the 5,000 Taka to B on the 1st January. A is discharged from his liability, as the contract has been varied inasmuch as C might sue B for the money before the 1st of March.",
"name": "Discharge of surety by variance in terms of contract",
"related_acts": "",
"section_id": 98
},
{
"act_id": 26,
"details": "134. \tThe surety is discharged by any contract between the creditor and the principal debtor, by which the principal debtor is released, or by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor. Illustrations (a) \tA gives a guarantee to C for goods to be supplied by C to B. C supplies goods to B, and afterwards B becomes embarrassed and contracts with his creditors (including C) to assign to them his property in consideration of their releasing him from their demands. Here B is released from his debt by the contract with C, and A is discharged from his suretyship. (b) \tA contracts with B to grow a crop of indigo on A's land and to deliver it to B at a fixed rate, and C guarantees A's performance of this contracts. B diverts a stream of water which is necessary for irrigation of A's land and thereby prevents him from raising the indigo. C is no longer liable on his guarantee. (c) \tA contracts with B for a fixed price to build a house for B within a stipulated time, B supplying the necessary timber. C guarantees A's performance of the contract. B omits to supply the timber. C is discharged from his suretyship.",
"name": "Discharge of surety by release or discharge of principal \tdebtor",
"related_acts": "",
"section_id": 99
},
{
"act_id": 26,
"details": "135. \tA contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the principal debtor discharges the surety, unless the surety assents to such contract.",
"name": "Discharge of surety when creditor compounds with, gives \ttime to, or agrees not to sue, principal debtor",
"related_acts": "",
"section_id": 100
},
{
"act_id": 26,
"details": "136. \tWhere a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged. Illustration C, the holder of an overdue bill of exchange drawn by A as surety for B, and accepted by B, contracts with M to give time to B. A is not discharged.",
"name": "Surety not discharged when agreement made with third person to give time to principal debtor",
"related_acts": "",
"section_id": 101
},
{
"act_id": 26,
"details": "137. \tMere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. Illustration B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for year after the debt has become payable. A is not discharged from his suretyship.",
"name": "Creditor's forbearance to sue does not discharge surety",
"related_acts": "",
"section_id": 102
},
{
"act_id": 26,
"details": "138. \tWhere there are co-sureties, a release by the creditor of one of them does not discharge the others; neither does it free the surety so released from his responsibility to the other sureties.",
"name": "Release of one co-surety does not discharge others",
"related_acts": "",
"section_id": 103
},
{
"act_id": 26,
"details": "139. If the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged. Illustrations (a) \tB contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes surety to C for B's due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is discharged by this prepayment. (b) \tC lends money to B on the security of a joint and several promissory note made in C's favour by B, and by A as surety for B, together with a bill of sale of B's furniture, which gives power to C to sell the furniture, and apply the proceeds in discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. A is discharged from liability on the note. (c) \tA puts M as apprentice to B, and gives a guarantee to B for M's fidelity. B promises on his part that he will, at least once a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is not liable to B on his guarantee.",
"name": "Discharge of surety by creditor's act or omission impairing surety's eventual remedy",
"related_acts": "",
"section_id": 104
},
{
"act_id": 26,
"details": "140. Where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment or performance of all that he is liable for, is invested with all the rights which the creditor had against the principal debtor.",
"name": "Rights of surety on payment or performance",
"related_acts": "",
"section_id": 105
},
{
"act_id": 26,
"details": "141. \tA surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and, if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the value of the security. Illustrations (a) \tC advances to B, his tenant, 2,000 Taka on the guarantee of A.C has also, a further security for the 2,000 Taka by a mortgage of B's furniture. C cancels the mortgage. B becomes insolvent, and C sues A on his guarantee. A is discharged from liability to the amount of the value of the furniture. (b) \tC, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A. C afterwards takes B's goods in execution under the decree, and then, without the knowledge of A, withdraws the execution. A is discharged. (c) \tA, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards, C obtains from B a further security for the same debt. Subsequently, C gives up the further security. A is not discharged.",
"name": "Surety's right to benefit of creditor's securities",
"related_acts": "",
"section_id": 106
},
{
"act_id": 26,
"details": "142. \tAny guarantee which has been obtained by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a material part of the transaction, is invalid.",
"name": "Guarantee obtained by misrepresentation invalid",
"related_acts": "",
"section_id": 107
},
{
"act_id": 26,
"details": "143. \tAny guarantee which the creditor has obtained by means of keeping silence as to material circumstances is invalid. Illustrations (a) A engages B as clerk to collect money for him. B fails to account for some of his receipts, and A in consequence calls upon him to furnish security his duly accounting. C gives his guarantee for B's duly accounting. A does not acquaint C with B's previous conduct. B afterwards makes default. The guarantee is invalid. (b) A guarantees to C payment for iron to be supplied by him to B to the amount of 2,000 tons. B and C have privately agreed that B should pay five Taka per ton beyond the market price, such excess to be applied in liquidation of an old debt. This agreement is concealed from A. A is not liable as a surety.",
"name": "Guarantee obtained by concealment invalid",
"related_acts": "",
"section_id": 108
},
{
"act_id": 26,
"details": "144. \tWhere a person gives a guarantee upon a contract that the creditor shall not act upon it until another person has joined in it as co-surety, the guarantee is not valid if that other person does not join.",
"name": "Guarantee on contract that creditor shall not act on it until co-surety joins",
"related_acts": "",
"section_id": 109
},
{
"act_id": 26,
"details": "145. \tIn every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety; and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee, but no sums which he has paid wrongfully. Illustrations (a) \tB is indebted to C, and A is surety for the debt. C demands payment from A, and on his refusal sues him for the amount. A defends the suit, having reasonable grounds for doing so, but is compelled to pay the amount of the debt with costs. He can recover from B the amount paid by him for costs, as well as the principal debt. (b) \tC lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the amount. C, the holder of the bill, demands payment of it from A, and, on A's refusal to pay, sues him upon the bill. A, not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action. (c) \tA guarantees to C, to the extent of 2,000 Taka, payment for rice to be supplied by C to B. C supplies to B rice to a less amount than 2,000 Taka, but obtains from A payment of the sum of 2,000 Taka in respect of the rice supplied. A cannot recover from B more than the price of the rice actually supplied.",
"name": "Implied promise to indemnify surety",
"related_acts": "",
"section_id": 110
},
{
"act_id": 26,
"details": "146. \tWhere two or more persons are co-sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor. Illustrations (a) \tA, B and C are sureties to D for the sum of 3,000 Taka lent to E. E makes default in payment. A, B and C are liable, as between themselves, to pay 1,000 Taka each. (b) \tA, B and C are sureties to D for the sum of 1,000 Taka lent to E, and there is a contract between A, B and C that A is to be responsible to the extent of one-quarter, B to the extent of one-quarter and C to the extent of one-half. E makes default in payment. As between the sureties, A is liable to pay 250 Taka, B 250 Taka and C 500 Taka.",
"name": "Co-sureties liable to contribute equally",
"related_acts": "",
"section_id": 111
},
{
"act_id": 26,
"details": "147.\tCo-sureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit. Illustrations (a) \tA, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 Taka, B in that of 20,000 Taka, C in that of 40,000 Taka, conditioned for D's duly accounting to E. D makes default to the extent of 30,000 Taka. A, B and C are each liable to pay 10,000 Taka. (b) \tA, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 Taka, B in that of 20,000 Taka, C in that of 40,000 Taka, conditioned for D's duly accounting to E.D makes default to the extent of 40,000 Taka. A is liable to pay 10,000 Taka, and B and C 15,000 Taka each. (c) \tA, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of 10,000 Taka, B in that of 20,000 Taka, C in that of 40,000 Taka, conditioned for D's duly accounting to E. D makes default to the extent of 70,000 Taka. A, B and C have to pay each the full penalty of his bond.",
"name": "Liability of co-sureties bound in different sums",
"related_acts": "",
"section_id": 112
},
{
"act_id": 26,
"details": "148. \tA \"bailment\" is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the \"bailor\". The person to whom they are delivered is called the \"bailee\". Explanation – If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor, of such goods although they may not have been delivered by way of bailment.",
"name": "\"Bailment\", \"bailor\", and \"bailee\" defined",
"related_acts": "",
"section_id": 113
},
{
"act_id": 26,
"details": "149. \tThe delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorized to hold them on his behalf.",
"name": "Delivery to bailee how made",
"related_acts": "",
"section_id": 114
},
{
"act_id": 26,
"details": "150. \tThe bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults. If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed. Illustrations (a) \tA lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is responsible to B for damage sustained. (b) \tA hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the injury.",
"name": "Bailor’s duty to disclose faults in goods bailed",
"related_acts": "",
"section_id": 115
},
{
"act_id": 26,
"details": "151. \tIn all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.",
"name": "Care to be taken by bailee",
"related_acts": "",
"section_id": 116
},
{
"act_id": 26,
"details": "152. \tThe bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.",
"name": "Bailee when not liable for loss, etc., of thing bailed",
"related_acts": "",
"section_id": 117
},
{
"act_id": 26,
"details": "153. \tA contract of bailment is avoidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment. Illustration A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the option of A, a termination of the bailment.",
"name": "Termination of bailment by bailee's act inconsistent with conditions",
"related_acts": "",
"section_id": 118
},
{
"act_id": 26,
"details": "154. \tIf the bailee makes any use of the goods bailed, which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. Illustrations (a) \tA lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse. (b) \tA hires a horse in 10Dhaka from B expressly to march to 11Tangail. A rides with due care, but marches to 12Narayanganj instead. The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.",
"name": "Liability of bailee making unauthorised use of goods bailed",
"related_acts": "",
"section_id": 119
},
{
"act_id": 26,
"details": "155. \tIf the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.",
"name": "Effect of mixture, with bailor's consent, of his goods with bailee's",
"related_acts": "",
"section_id": 120
},
{
"act_id": 26,
"details": "156. \tIf the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound to bear the expense of separation or division, and any damage arising from the mixture. Illustration A bails 100 bales of cotton marked with a particular mark to B. B, without A's consent, mixes the 100 bales with other bales of his own, bearing a different mark. A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.",
"name": "Effect of mixture, without bailor's consent, when the goods can be separated",
"related_acts": "",
"section_id": 121
},
{
"act_id": 26,
"details": "157. \tIf the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a manner that it is impossible to separate the goods bailed from the other goods and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods. Illustration A bails a barrel of Cape flour worth Taka 45 to B. B, without A's consent, mixes the flour with country flour of his own, worth only Taka 25 a barrel. B must compensate A for the loss of his flour.",
"name": "Effect of mixture, without bailor's consent, when the goods cannot be separated",
"related_acts": "",
"section_id": 122
},
{
"act_id": 26,
"details": "158. \tWhere, by the conditions of the bailment, the goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.",
"name": "Repayment by bailor of necessary expenses",
"related_acts": "",
"section_id": 123
},
{
"act_id": 26,
"details": "159. \tThe lender of a thing for use may at any time require its return, if the loan was gratuitous, even though he lent it for a specified time or purpose. But, if, on the faith of such loan made for a specified time or purpose, the borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived.",
"name": "Restoration of goods lent gratuitously",
"related_acts": "",
"section_id": 124
},
{
"act_id": 26,
"details": "160. \tIt is the duty of the bailee to return, or deliver according to the bailor's direction, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has accomplished.",
"name": "Return of goods bailed on expiration of time or accomplishment of purpose",
"related_acts": "",
"section_id": 125
},
{
"act_id": 26,
"details": "161. If, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time.",
"name": "Bailee's responsibility when goods are not duly returned",
"related_acts": "",
"section_id": 126
},
{
"act_id": 26,
"details": "162. A gratuitous bailment is terminated by the death either of the bailor or of the bailee.",
"name": "Termination of gratuitous bailment by death",
"related_acts": "",
"section_id": 127
},
{
"act_id": 26,
"details": "163. \tIn the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. Illustration A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A.",
"name": "Bailor entitled to increase or profit from goods bailed",
"related_acts": "",
"section_id": 128
},
{
"act_id": 26,
"details": "164. \tThe bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods or to give directions, respecting them.",
"name": "Bailor's responsibility to bailee",
"related_acts": "",
"section_id": 129
},
{
"act_id": 26,
"details": "165. \tIf several joint owners of goods bail them, the bailee may deliver them back to, or according to the directions of, one joint owner without the consent of all, in the absence of any agreement to the contrary.",
"name": "Bailment by several joint owners",
"related_acts": "",
"section_id": 130
},
{
"act_id": 26,
"details": "166. If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery.",
"name": "Bailee not responsible on re-delivery to bailor without title",
"related_acts": "",
"section_id": 131
},
{
"act_id": 26,
"details": "167. \tIf the person, other than the bailor, claims goods bailed, he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to the goods.",
"name": "Right of third person claiming goods bailed",
"related_acts": "",
"section_id": 132
},
{
"act_id": 26,
"details": "168. \tThe finder of goods has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner; but he may retain the goods against the owner until he receives such compensation; and, where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it.",
"name": "Right of finder of goods; may sue for specific reward offered",
"related_acts": "",
"section_id": 133
},
{
"act_id": 26,
"details": "169. \tWhen a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it– (1)\twhen the thing is in danger of perishing or of losing the greater part of its value, or, (2)\twhen the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.",
"name": "When finder of thing commonly on sale may sell it",
"related_acts": "",
"section_id": 134
},
{
"act_id": 26,
"details": "170. \tWhere the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them. Illustrations (a) \tA delivers a rough diamond to B, A jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered. (b) \tA gives cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a three months' credit for the price. B is not entitled to retain the coat until he is paid.",
"name": "Bailee's particular lien",
"related_acts": "",
"section_id": 135
},
{
"act_id": 26,
"details": "171. \tBankers, factors, wharfingers, 13advocate of the Supreme Court and policy-brokers may, in the absence of a contract to the contrary, retain, as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.",
"name": "General lien of bankers, factors, wharfingers, attorneys and policy- brokers",
"related_acts": "",
"section_id": 136
},
{
"act_id": 26,
"details": "172. \tThe bailment of goods as security for payment of a debt or performance of a promise is called \"pledge\". The bailor is in this case called the \"pawnor\". The bailee is called the \"pawnee\".",
"name": "\"Pledge\", \"Pawnor\" and \"Pawnee\" defined",
"related_acts": "",
"section_id": 137
},
{
"act_id": 26,
"details": "173. \tThe pawnee may retain the goods pledged, not only for payment of the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged.",
"name": "Pawnee's right of retainer",
"related_acts": "",
"section_id": 138
},
{
"act_id": 26,
"details": "174. \tThe pawnee shall not, in the absence of a contract to that effect retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged; but\tsuch\tcontract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.",
"name": "Pawnee not to retain for debt or promise other than that \tfor which goods pledged Presumption in case of subsequent advances",
"related_acts": "",
"section_id": 139
},
{
"act_id": 26,
"details": "175. \tThe pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged.",
"name": "Pawnee's right as to extraordinary expenses incurred",
"related_acts": "",
"section_id": 140
},
{
"act_id": 26,
"details": "176. \tIf the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.",
"name": "Pawnee’s right where pawnor makes default",
"related_acts": "",
"section_id": 141
},
{
"act_id": 26,
"details": "177. \tIf a time is stipulated for the payment of the debt, or performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them; but he must, in that case, pay, in addition, any expenses which have arisen from his default.",
"name": "Defaulting pawnor's right to redeem",
"related_acts": "",
"section_id": 142
},
{
"act_id": 26,
"details": "178A. When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnor's defect of title.",
"name": "Pledge by person in possession under voidable contract",
"related_acts": "",
"section_id": 143
},
{
"act_id": 26,
"details": "14178. Where a mercantile agent is, with the consent of the owner, in possession of goods or the documents of title to goods, any pledge made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorized by the owner of the goods to make the same; provided that the pawnee acts in good faith and has not at the time of the pledge notice that the pawnor has not authority to pledge. Explanation – In this section, the expressions 'mercantile agent' and 'documents of title' shall have the meanings assigned to them in the Sale of Goods Act, 1930.",
"name": "Pledge by mercantile agent",
"related_acts": "150",
"section_id": 144
},
{
"act_id": 26,
"details": "179. \tWhere a person pledges goods in which he has only a limited interest, the pledge is valid to the extent of that interest.",
"name": "Pledge where pawnor has only a limited interest",
"related_acts": "",
"section_id": 145
},
{
"act_id": 26,
"details": "180. \tIf a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or does them any injury, the baliee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made; and either the bailor or the bailee may bring a suit against a third person for such deprivation or injury.",
"name": "Suit by bailor or bailee against wrong-doer",
"related_acts": "",
"section_id": 146
},
{
"act_id": 26,
"details": "181. Whatever is obtained by way of relief or compensation in any such suit shall, as between the bailor and the bailee, be dealt with according to their respective interests.",
"name": "Apportionment of relief or compensation obtained by \tsuch suits",
"related_acts": "",
"section_id": 147
},
{
"act_id": 26,
"details": "182. \tAn \"agent\" is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the \"principal\".",
"name": "\"Agent\" and \"principal\" defined",
"related_acts": "",
"section_id": 148
},
{
"act_id": 26,
"details": "183. \tAny person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.",
"name": "Who may employ agent",
"related_acts": "",
"section_id": 149
},
{
"act_id": 26,
"details": "184. As between the principal and third persons any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf herein contained.",
"name": "Who may be an agent",
"related_acts": "",
"section_id": 150
},
{
"act_id": 26,
"details": "185. No consideration is necessary to create an agency.",
"name": "Consideration not necessary",
"related_acts": "",
"section_id": 151
},
{
"act_id": 26,
"details": "186. \tThe authority of an agent may be expressed or implied.",
"name": "Agent's authority may be expressed or implied",
"related_acts": "",
"section_id": 152
},
{
"act_id": 26,
"details": "187. \tAn authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. Illustration A owns a shop in Mymensingh, living himself in Dhaka, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A's funds with A's knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.",
"name": "Definitions of express and implied authority",
"related_acts": "",
"section_id": 153
},
{
"act_id": 26,
"details": "188. \tAn agent having an authority to do an act has authority to do every lawful thing which is necessary in order to do such act. An agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or usually done in the course of conducting such business. Illustrations (a) \tA is employed by B, residing in London, to recover at 15Chittagong a debt due to B. A may adopt any legal process necessary for the purpose of recovering the debt, and may give a valid discharge for the same. (b) \tA constitutes B his agent to carry on his business of a ship-builder. B may purchase timber and other materials, and hire workmen, for the purposes of carrying on the business.",
"name": "Extent of agent's authority",
"related_acts": "",
"section_id": 154
},
{
"act_id": 26,
"details": "189. \tAn agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances. Illustrations (a) An agent for sale may have goods repaired if it be necessary. (b) A consigns provisions to B at Chittagong, with directions to send them immediately to C at Dhaka. B may sell the provisions at Chittagong, if they will not bear the journey to Dhaka without spoiling.",
"name": "Agent's authority in an emergency",
"related_acts": "",
"section_id": 155
},
{
"act_id": 26,
"details": "190. \tAn agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.",
"name": "When agent cannot delegate",
"related_acts": "",
"section_id": 156
},
{
"act_id": 26,
"details": "191. \tA \"sub-agent\" is a person employed by, and acting under the control of, the original agent in the business of the agency.",
"name": "\"Sub-agent\" defined",
"related_acts": "",
"section_id": 157
},
{
"act_id": 26,
"details": "192. \tWhere a sub-agent is properly appointed, the principal is, so far as regards third persons, represented by the sub-agent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal.",
"name": "Representation of principal by sub-agent properly appointed",
"related_acts": "",
"section_id": 158
},
{
"act_id": 26,
"details": "The agent is responsible to the principal for the acts of the sub-agent.",
"name": "Agent's responsibility for sub-agent",
"related_acts": "",
"section_id": 159
},
{
"act_id": 26,
"details": "The sub-agent is responsible for his acts to the agent, but not to the principal, except in case of fraud or wilful wrong.",
"name": "Sub-agent's responsibility",
"related_acts": "",
"section_id": 160
},
{
"act_id": 26,
"details": "193. \tWhere an agent, without having authority to do so, has appointed a person to act as a sub-agent, the agent stands towards such person in the relation of a principal to an agent, and is responsible for his acts both to the principal and to third persons; the principal is not represented by or responsible for the acts of the person so employed, nor is that person responsible to the principal.",
"name": "Agent's responsibility for sub-agent appointed without authority",
"related_acts": "",
"section_id": 161
},
{
"act_id": 26,
"details": "194. \tWhere an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a sub-agent, but an agent of the principal for such part of the business of the agency as is entrusted to him. Illustrations (a) \tA directs B, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C, an auctioneer, to conduct the sale. C is not a sub-agent, but is A's agent for the conduct of the sale. (b) \tA authorizes B, a merchant in Chittagong, to recover the moneys due to A from C & Co. B instructs D, a solicitor, to take legal proceedings against C & Co. for the recovery of the money. D is not a sub-agent, but is solicitor for A.",
"name": "Relation between principal and person duly appointed by agent to act in business of agency",
"related_acts": "",
"section_id": 162
},
{
"act_id": 26,
"details": "195. \tIn selecting such agent for his principal, an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case; and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so selected. Illustrations (a) A instructs B, a merchant, to buy a ship for him. B employs a ship surveyor of good reputation to choose a ship for A. The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. B is not, but the surveyor is, responsible to A. (b) A consigns goods to B, a merchant, for sale. B in due course, employs an auctioneer in good credit to sell the goods of A, and allows the auctioneer to receive the proceeds of the sale. The auctioneer afterwards becomes insolvent without having accounted for the proceeds. B is not responsible to A for the proceeds.",
"name": "Agent's duty in naming such person",
"related_acts": "",
"section_id": 163
},
{
"act_id": 26,
"details": "196. \tWhere acts are done by one person on behalf of another, but without his knowledge or authority, he may elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been performed by his authority.",
"name": "Right of person as to acts done for him without his authority. Effect of ratification",
"related_acts": "",
"section_id": 164
},
{
"act_id": 26,
"details": "197. \tRatification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. Illustrations (a) \tA, without authority, buys goods for B. Afterwards B sells them to C on his own account; B's conduct implies a ratification of the purchase made for him by A. (b) \tA, without B's authority, lends B's money to C. Afterwards B accepts interest on the money from C. B's conduct implies a ratification of the loan.",
"name": "Ratification may be expressed or implied",
"related_acts": "",
"section_id": 165
},
{
"act_id": 26,
"details": "198. \tNo valid ratification can be made by a person whose knowledge of the facts of the case is materially defective.",
"name": "Knowledge requisite for valid ratification",
"related_acts": "",
"section_id": 166
},
{
"act_id": 26,
"details": "199. \tA person ratifying any unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part.",
"name": "Effect of ratifying unauthorized act forming part of a transaction",
"related_acts": "",
"section_id": 167
},
{
"act_id": 26,
"details": "200. \tAn act done by one person on behalf of another, without such other person's authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect. Illustrations (a) \tA, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattle, the property of B, from C, who is in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver. (b) \tA holds a lease from B, terminable on three months' notice. C, an unauthorized person, gives notice of termination to A. The notice cannot be ratified by B, so as to be binding on A.",
"name": "Ratification of unauthorized act cannot injure third person",
"related_acts": "",
"section_id": 168
},
{
"act_id": 26,
"details": "201. \tAn agency is terminated by the principal revoking his authority; or by the agent renouncing the business of the agency; or by the business of the agency being completed; or by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors.",
"name": "Termination of agency",
"related_acts": "",
"section_id": 169
},
{
"act_id": 26,
"details": "202. \tWhere the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. Illustrations (a) \tA gives authority to B to sell A's land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority nor can it be terminated by his insanity or death. (b) \tA consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself, out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death.",
"name": "Termination of agency where agent has an interest in subject-matter",
"related_acts": "",
"section_id": 170
},
{
"act_id": 26,
"details": "203. \tThe principal may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal.",
"name": "When principal may revoke agent's authority",
"related_acts": "",
"section_id": 171
},
{
"act_id": 26,
"details": "204. \tThe principal cannot revoke the authority given to his agent after the authority has been partly exercised so far as regards such acts and obligations as arise from acts already done in the agency. Illustrations (a) \tA authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A's money remaining in B's hands. B buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. A cannot revoke B's authority so far as regards payment for the cotton. (b) \tA authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A's money remaining in B's hands. B buys 1,000 bales of cotton in A's name and so as not to render himself personally liable for the price. A can revoke B's authority to pay for the cotton.",
"name": "Revocation where authority has been partly exercised",
"related_acts": "",
"section_id": 172
},
{
"act_id": 26,
"details": "205. \tWhere there is an express or implied contract that the agency should be continued for any period of time, the principal must make compensation to the agent, or the agent to the principal, as the case may be, for any previous revocation or renunciation of the agency without sufficient cause.",
"name": "Compensation for revocation by principal or renunciation by agent",
"related_acts": "",
"section_id": 173
},
{
"act_id": 26,
"details": "206. \tReasonable notice must be given of such revocation or renunciation; otherwise the damage thereby resulting to the principal or the agent, as the case may be, must be made good to the one by the other.",
"name": "Notice of revocation or renunciation",
"related_acts": "",
"section_id": 174
},
{
"act_id": 26,
"details": "207. \tRevocation and renunciation may be expressed or may be implied in the conduct of the principal or agent respectively. Illustration A empowers B to let A's house. Afterwards A lets it himself. This is an implied revocation of B's authority.",
"name": "Revocation and renunciation may be expressed or implied",
"related_acts": "",
"section_id": 175
},
{
"act_id": 26,
"details": "208. \tThe termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them. Illustrations (a) \tA directs B to sell goods for him, and agrees to give B five per cent. commission on the price fetched by the goods. A afterwards, by letter, revokes B's authority. B, after the letter is sent, but before he receives it, sells the goods for 100 Taka. The sale is binding on A, and B is entitled to five Taka as his commission. (b) \tA, at Dhaka, by letter, directs B to sell from him some cotton lying in a warehouse in 16Rajshahi, and afterwards, by letter, revokes his authority to sell, and directs B to send the cotton to Dhaka. B, after receiving the second letter, enters into a contract with C, who knows of the first letter, but not of the second, for the sale to him of the cotton. C pays B the money, with which B absconds. C's payment is good as against A. (c) \tA directs B, his agent, to pay certain money to C. A dies, and D takes out probate to his will. B, after A's death, but before hearing of it, pays the money to C. The payment is good as against D, the executor.",
"name": "When termination of agent's authority takes effect as to agent, and as to third persons",
"related_acts": "",
"section_id": 176
},
{
"act_id": 26,
"details": "209. \tWhen an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf of the representatives of his late principal, all reasonable steps for the protection and preservation of the interests entrusted to him.",
"name": "Agent's duty on termination of agency by principal's death or insanity",
"related_acts": "",
"section_id": 177
},
{
"act_id": 26,
"details": "210. \tThe termination of the authority of an agent causes the termination (subject to the rules herein contained regarding the termination of an agent's authority) of the authority of all sub-agents appointed by him.",
"name": "Termination of sub-agent's authority",
"related_acts": "",
"section_id": 178
},
{
"act_id": 26,
"details": "211. \tAn agent is bound to conduct the business of his principal according to the directions given by the principal, or, in the absence of any such directions, according to the custom which prevails in doing business of the same kind at the place where the agent conducts such business. When the agent acts otherwise, if any loss be sustained, he must make it good to his principal, and, if any profit accrues, he must account for it. Illustrations (a) A, an agent engaged in carrying on for B a business, in which it is the custom to invest from time to time, at interest, the moneys which may be in hand, omits to make such investment. A must make good to B the interest usually obtained by such investments. (b) B, a broker, in whose business it is not the custom to sell on credit, sells goods of A on credit to C, whose credit at the time was very high. C, before payment, becomes insolvent. B must make good the loss to A.",
"name": "Agent's duty in conducting principal's business",
"related_acts": "",
"section_id": 179
},
{
"act_id": 26,
"details": "212. \tAn agent is bound to conduct the business of the agency with as much skill as is generally possessed by persons engaged in similar business, unless the principal has notice of his want of skill. The agent is always bound to act with reasonable diligence, and to use such skill as he possesses; and to make compensation to his principal in respect of the direct consequences of his own neglect, want of skill or misconduct, but not in respect of loss or damage which are indirectly or remotely caused by such neglect, want of skill or misconduct. Illustrations (a) \tA, a merchant in Chittagong has an agent, B, in London to whom a sum of money is paid on A's account, with orders to remit. B retains the money for a considerable time. A, in consequence of not receiving the money, becomes insolvent. B is liable for the money and interest from the day on which it ought to have been paid, according to the usual rate, and for any further direct loss as e.g., by variation of rate of exchangebut not further. (b) \tA, an agent for the sale of goods, having authority to sell on credit, sells to B on credit, without making the proper and usual enquiries as to the solvency of B. B, at the time of such sale, is insolvent. A must make compensation to his principal in respect of any loss thereby sustained. (c) A, an insurance-broker employed by B to effect an insurance on a ship, omits to see that the usual clauses are inserted in the policy. The ship is afterwards lost. In consequence of the omission of the clauses nothing can be recovered from the underwriters. A is bound to make good the loss to B. (d) A, a merchant in England, directs B, his agent at 17Chittagong, who accepts the agency, to send him 100 bales of cotton by a certain ship. B, having it in his power to send the cotton, omits to do so. The ship arrives safely in England. Soon after her arrival the price of cotton rises. B is bound to make good to A the profit which he might have made by the 100 bales of cotton at the time the ship arrived, but not any profit he might have made by the subsequent rise.",
"name": "Skill and diligence required from agent",
"related_acts": "",
"section_id": 180
},
{
"act_id": 26,
"details": "213. \tAn agent is bound to render proper accounts to his principal on demand.",
"name": "Agent's accounts",
"related_acts": "",
"section_id": 181
},
{
"act_id": 26,
"details": "214. \tIt is the duty of an agent, in cases of difficulty, to use all reasonable diligence in communicating with his principal, and in seeking to obtain his instructions.",
"name": "Agent's duty to communicate with principal",
"related_acts": "",
"section_id": 182
},
{
"act_id": 26,
"details": "215. \tIf an agent deals on his own account in the business of the agency, without first obtaining the consent of his principal and acquainting him with all material circumstances which have come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of the agent have been disadvantageous to him. Illustrations (a) A directs B to sell A's estate. B buys the estate for himself in the name of C. A, on discovering that B has bought the estate for himself, may repudiate the sale, if he can show that B has dishonestly concealed any material fact, or that the sale has been disadvantageous to him. (b) A directs B to sell A's estate. B, on looking over the estate before selling it, finds a mine on the estate which is unknown to A. B informs A that he wishes to buy the estate for himself, but conceals the discovery of the mine. A allows B to buy in ignorance of the existence of the mine. A, on discovering that B knew of the mine at the time he bought the estate, may either repudiate or adopt the sale at his option.",
"name": "Right of principal when agent deals, on his own account, in business of agency without principal's consent",
"related_acts": "",
"section_id": 183
},
{
"act_id": 26,
"details": "216. \tIf an agent, without the knowledge of his principal, deals in the business of the agency on his own account instead of on account of his principal, the principal is entitled to claim from the agent any benefit which may have resulted to him from the transaction. Illustration A directs B, his agent, to buy a certain house for him. B tells A it cannot be bought, and buys the house for himself. A may, on discovering that B has bought the house, compel him to sell it to A at the price he gave for it.",
"name": "Principal's right to benefit gained by agent dealing on his own account in business of agency",
"related_acts": "",
"section_id": 184
},
{
"act_id": 26,
"details": "217. \tAn agent may retain, out of any sums received on account of the principal in the business of the agency, all moneys due to himself in respect of advances made or expenses properly incurred by him in conducting such business, and also such remuneration as may be payable to him for acting as agent.",
"name": "Agent's right of retainer out of sums received on principal's account",
"related_acts": "",
"section_id": 185
},
{
"act_id": 26,
"details": "218. \tSubject to such deductions, the agent is bound to pay to his principal all sums received on his account.",
"name": "Agent's duty to pay sums received for principal",
"related_acts": "",
"section_id": 186
},
{
"act_id": 26,
"details": "219. \tIn the absence of any special contract, payment for the performance of any act is not due to the agent until the completion of such act; but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him for sale may not have been sold, or although the sale may not be actually complete.",
"name": "When agent's remuneration becomes due",
"related_acts": "",
"section_id": 187
},
{
"act_id": 26,
"details": "220. \tAn agent who is guilty of misconduct in the business of the agency is not entitled to any remuneration in respect of that part of the business which he has misconducted. Illustrations (a) \tA employs B to recover 1,00,000 Taka from C, and to lay it out on good security. B recovers the 1,00,000 Taka and lays out 90,000 Taka on good security, but lays out 10,000 Taka on security which he ought to have known to be bad, whereby A loses 2,000 Taka. B is entitled to remuneration for recovering the 1,00,000 Taka and for investing the 90,000 Taka. He is not entitled to any remuneration for investing the 10,000 Taka, and he must make good the 2,000 Taka to B. (b)\tA employs B to recover 1,000 Taka from C. Through B's misconduct the money is not recovered. B is entitled to no remuneration for his services, and must make good the loss.",
"name": "Agent not entitled to remuneration for business mis-conducted",
"related_acts": "",
"section_id": 188
},
{
"act_id": 26,
"details": "221. \tIn the absence of any contract to the contrary, an agent is entitled to retain goods, papers and other property, whether moveable or immoveable, of the principal received by him, until the amount due to himself for commission, disbursements and services in respect of the same has been paid or accounted for to him.",
"name": "Agent's lien on principal's property",
"related_acts": "",
"section_id": 189
},
{
"act_id": 26,
"details": "222. \tThe employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. Illustrations (a) B, at Singapur, under instructions from A of Chittagong, contracts with C to deliver certain goods to him. A does not send the goods to B, and C sues B for breach of contract. B informs A of the suit, and A authorizes him to defend the suit. B defends the suit, and is compelled to pay damages and costs, and incurs expenses. A is liable to B for such damages, costs and expenses. (b) B, a broker at Chittagong, by the orders of A, a merchant there contracts with C for the purchases of 10 casks of oil for A. Afterwards A refuses to receive the oil, and C sues B. B informs A, who repudiates the contract altogether. B defends, but unsuccessfully, and has to pay damages and costs and incurs expenses. A is liable to B for such damages, costs and expenses.",
"name": "Agent to be indemnified against consequences of lawful acts",
"related_acts": "",
"section_id": 190
},
{
"act_id": 26,
"details": "223. \tWhere one person employs another to do an act, and the agent does the act in good faith, the employer is liable to indemnify the agent against the consequences of that act, though it cause an injury to the rights of third persons. Illustrations (a) \tA, a decree-holder and entitled to execution of B's goods, requires the officer of the Court to seize certain goods, representing them to be the goods of B. The officer seizes the goods, and is sued by C, the true owner of the goods. A is liable to indemnify the officer for the sum which he is compelled to pay to C, in consequence of obeying A's directions. (b) \tB, at the request of A, sells goods in the possession of A, but which A had no right to dispose of. B does not know this, and hands over the proceeds of the sale to A. Afterwards C, the true owner of the goods, sues B and recovers the value of the goods and costs. A is liable to indemnify B for what he has been compelled to pay to C and for B's own expenses.",
"name": "Agent to be indemnified against consequences of acts done in good faith",
"related_acts": "",
"section_id": 191
},
{
"act_id": 26,
"details": "224. \tWhere one person employs another to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that Act. Illustrations (a) \tA employs B to beat C, and agrees to indemnify him against all consequences of act. B thereupon beats C, and has to pay damages to C for so doing. A is not liable to indemnify B for those damages. (b) \tB, the proprietor of a newspaper, publishes, at A's request, liable upon C in the paper, and A agrees to indemnify B against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to pay damages, and also incurs expenses. A is not liable to B upon the indemnity.",
"name": "Non-liability of employer of agent to do a criminal act",
"related_acts": "",
"section_id": 192
},
{
"act_id": 26,
"details": "225. \tThe principal must make compensation to his agent in respect of injury caused to such agent by the principal's neglect or want of skill. Illustration A employs B as a bricklayer in building a house, and puts up the scaffolding himself. The scaffolding is unskilfully put up, and B is in consequence hurt. A must make compensation to B.",
"name": "Compensation to agent for injury caused by principal's neglect",
"related_acts": "",
"section_id": 193
},
{
"act_id": 26,
"details": "226. \tContracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person. Illustrations (a) \tA buys goods from B, knowing that he is an agent for their sale, but not knowing who is the principal. B's principal is the person entitled to claim from A the price of the goods, and A cannot, in a suit by the principal, set off against that claim a debt due to himself from B. (b) A, being B's agent with authority to receive money on his behalf, receives from C a sum of money due to B. C is discharged of his obligation to pay the sum in question to B.",
"name": "Enforcement and consequences of agent's contracts",
"related_acts": "",
"section_id": 194
},
{
"act_id": 26,
"details": "227. When an agent does more than he is authorized to do, and when the part of what he does, which is within his authority, can be separated from the part which is beyond his authority, so much only of what he does as is within his authority is binding as between him and his principal. Illustration A, being owner of a ship and cargo, authorizes B to procure an insurance for 4,000 Taka on the ship. B procures a policy for 4,000 Taka on the ship, and another for the like sum on the cargo. A is bound to pay the premium for the policy on the ship, but not the premium for the policy on the cargo.",
"name": "Principal how far bound, when agent exceeds authority",
"related_acts": "",
"section_id": 195
},
{
"act_id": 26,
"details": "228. \tWhere an agent does more than he is authorized to do, and what does beyond the scope of his authority cannot be separated from what is within it, the principal is not bound to recognize the transaction. Illustration A authorizes B to buy 500 sheep for him. B buys 500 sheep and 200 lambs for one sum of 6,000 Taka. A may repudiate the whole transaction.",
"name": "Principal not bound when excess of agent's authority is not separable",
"related_acts": "",
"section_id": 196
},
{
"act_id": 26,
"details": "229. \tAny notice given to or information obtained by the agent, provided it be given or obtained in the course of the business transacted by him for the principal, shall, as between the principal and third parties, have the same legal consequences as if it had been given to or obtained by the principal. Illustrations (a) \tA is employed by B to buy from C certain goods, of which C is the apparent owner, and buys them accordingly. In the course of the treaty for the sale, A learns that the goods really belonged to D, but B is ignorant of that fact, B is not entitled to set off a debt owing to him from C against the price of the goods. (b) \tA is employed by B to buy from C goods of which C is the apparent owner. A was, before he was so employed, a servant of C, and then learnt that goods really belonged to D, but B is ignorant of that fact. In spite of the knowledge of his agent, B may set off against the price of the goods a debt owing to him from C.",
"name": "Consequences of notice given to agent",
"related_acts": "",
"section_id": 197
},
{
"act_id": 26,
"details": "230. \tIn the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them.",
"name": "Agent cannot personally enforce, nor be bound by, contracts on behalf of principal",
"related_acts": "",
"section_id": 198
},
{
"act_id": 26,
"details": "Such a contract shall be presumed to exist in the following cases:– (1) \twhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad: (2) \twhere the agent does not disclose the name of his principal: (3) \twhere the principal, though disclosed, cannot be sued.",
"name": "Presumption of contract to contrary",
"related_acts": "",
"section_id": 199
},
{
"act_id": 26,
"details": "231. \tIf an agent makes a contract with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require the performance of the contract; but the other contracting party has, as against the principal, the same rights as he would have had as against the agent if the agent had been principal.If the principal discloses himself before the contract is completed, the other contracting party may refuse to fulfil the contract, if he can show that, if he had known who was the principal in the contract, or if he had known that the agent was not a principal, he would not have entered into the contract.",
"name": "Rights of parties to a contract made by agent not disclosed",
"related_acts": "",
"section_id": 200
},
{
"act_id": 26,
"details": "232. \tWhere one man makes a contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent, the principal, if he requires the performance of the contract, can only obtain such performance subject to the rights and obligations subsisting between the agent and the other party to the contract. Illustration A, who owes 500 Taka to B, sells 1,000 Taka worth of rice to B. A is acting as agent for C in the transaction, but B has no knowledge nor reasonable ground of suspicion that such is the case. C cannot compel B to take the rice without allowing him to set off A's debt.",
"name": "Performance of contract with agent supposed to be principal",
"related_acts": "",
"section_id": 201
},
{
"act_id": 26,
"details": "233. \tIn cases where the agent is personally liable, a person dealing with him may hold either him or his principal, or both of them, liable. Illustration A enters into a contract with B to sell him 100 bales of cotton, and afterwards discovers that B was acting as agent for C. A may sue either B or C, or both, for the price of the cotton.",
"name": "Right of person dealing with agent personally liable",
"related_acts": "",
"section_id": 202
},
{
"act_id": 26,
"details": "234. \tWhen a person who has made a contract with an agent induces the agent to act upon the belief that the principal only will be held liable, or induces the principal to act upon the belief that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively.",
"name": "Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable",
"related_acts": "",
"section_id": 203
},
{
"act_id": 26,
"details": "235. \tA person untruly representing himself to be the authorized agent of another, and thereby inducing a third person to deal with him as such agent, is liable, if his alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or damage which he has incurred by so dealing.",
"name": "Liability of pretended agent",
"related_acts": "",
"section_id": 204
},
{
"act_id": 26,
"details": "236. \tA person with whom a contract has been entered into in the character of agent is not entitled to require the performance of it if he was in reality acting, not as agent, but on his own account.",
"name": "Person falsely contracting as agent not entitled to performance",
"related_acts": "",
"section_id": 205
},
{
"act_id": 26,
"details": "237. \tWhen an agent has, without authority, done acts or incurred obligations to third persons on behalf of his principal, the principal is bound by such acts or obligations if he has by his words or conduct induced such third persons to believe that such acts and obligations were within the scope of the agent's authority. Illustrations (a) \tA consigns goods to B for sale, and gives him instructions not to sell under a fixed price. C, being ignorant of B's instructions, enters into a contract with B to buy the goods at a price lower than the reserved price. A is bound by the contract. (b) \tA entrusts B with negotiable instruments endorsed in blank. B sells them to C in violation of private orders from A. The sale is good.",
"name": "Liability of principal inducing belief that agent's unauthorized acts were authorized",
"related_acts": "",
"section_id": 206
},
{
"act_id": 26,
"details": "238. \tMisrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals. Illustrations (a) \tA, being B's agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by B to make. The contract is voidable, as between B and C, at the option of C. (b) \tA, the captain of B's ship, signs bills of lading without having received on board the goods mentioned therein. The bills of lading are void as between B and the pretended consignor.",
"name": "Effect, on agreement, of misrepresentation or fraud by agent",
"related_acts": "",
"section_id": 207
},
{
"act_id": 26,
"details": "Repealed by section 73 and Schedule 11 of the Partnership Act, 1932 (Act No. IX of 1932).",
"name": "Repealed",
"related_acts": "157",
"section_id": 208
}
],
"text": "Preamble Whereas it is expedient to define and amend certain parts of the law relating to contracts; It is enacted as follows:-"
} |
{
"id": 27,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Provincial Government\" or \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Provincial Government\" or \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"to the Acceding States\" omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"inhabitants of Indo-Bangla Pakistan\" were substituted, for the words \"Natives of Indo-Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words and commas \"so far as regards the territories under its administration, and the Central Government, so far as regards any Acceding State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"or so far as regards any Acceding State the Central Government\" were omitted by section 3 and Second Schedule of the Bangladeshi Laws (Revision and Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Paragraphs 6th, 7th and 8th of section 48 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"Bangla language\" were substituted, for the words \"Vernacular language in ordinary use in the district or State in which the marriage was solemnized\" by section 3 and 2nd schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Sub-section (2) of section 62 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words \"and the officers appointed under section 56\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The word \"Him\" was substituted, for the words \"them respectively\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words \"and the officers appointed under section 56\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The word \"Him\" was substituted, for the words \"them respectively\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Christian Marriage Act, 1872",
"num_of_sections": 105,
"published_date": "18th July, 1872",
"related_act": [
5,
6,
7,
8,
10,
11,
12,
13,
430,
56,
27
],
"repelled": false,
"sections": [
{
"act_id": 27,
"details": "1. This Act may be called the Christian Marriage Act, 1872. It extends to the whole of Bangladesh and, so far only as regards Christian citizens of Bangladesh, 3* * *.",
"name": "Short title Extent",
"related_acts": "27",
"section_id": 1
},
{
"act_id": 27,
"details": "2. Repealed by the Repealing Act, 1938 (Act No. I of 1938), section 2 and Schedule.",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 27,
"details": "3. In this Act, unless there is something repugnant in the subject or context,- \"Church of England\" and \"Anglican\" mean and apply to the Church of England as by law established; \"Church of Scotland\" means the Church of Scotland as by law established; \"Church of Rome\" and \"Roman Catholic\" mean and apply to the Church which regards the Pope of Rome as its spiritual head; \"Church\" includes any chapel or other building generally used for public Christian worship; \"minor\" means a person who has not completed the age of twenty-one years and who is not a widower or a widow; the expression \"Christians\" means persons professing the Christian religion; and the expression \"Native Christians\" includes the Christian descendants of 4inhabitants of Indo-Bangla Pakistan sub-continent converted to Christianity, as well as such converts; \"Registrar General of Births, Deaths and Marriages\" means a Registrar General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886.",
"name": "Interpretation-clause",
"related_acts": "56",
"section_id": 3
},
{
"act_id": 27,
"details": "4. Every marriage between persons, one or both of whom is or are a Christian or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.",
"name": "Marriages to be solemnized according to Act",
"related_acts": "",
"section_id": 4
},
{
"act_id": 27,
"details": "5. Marriages may be solemnized in Bangladesh- (1) \tby any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; (2) \tby any clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland; (3) \tby any Minister of Religion licensed under this Act to solemnized marriages; (4) \tby, or in the presence of, a Marriage Registrar appointed under this Act; (5) \tby any person licensed under this Act to grant certificates of marriage between Native Christians.",
"name": "Persons by whom marriages may be solemnized",
"related_acts": "",
"section_id": 5
},
{
"act_id": 27,
"details": "6. The Government, 5* * * may, by notification in the official Gazette, grant licenses to Ministers of Religion to solemnize marriages within such territories and State, respectively, and may, by a like notification, revoke such licenses.",
"name": "Grant and revocation of licenses to solemnize marriage",
"related_acts": "",
"section_id": 6
},
{
"act_id": 27,
"details": "7. The Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for any district subject to its administration.",
"name": "Marriage Registrars",
"related_acts": "",
"section_id": 7
},
{
"act_id": 27,
"details": "Where there are more marriage Registrars than one in any district, the Government shall appoint one of them to be the senior marriage Registrar.",
"name": "Senior Marriage Registrar",
"related_acts": "",
"section_id": 8
},
{
"act_id": 27,
"details": "When there is only one Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness or temporary vacancy.",
"name": "Magistrate when to be Marriage Registrar",
"related_acts": "",
"section_id": 9
},
{
"act_id": 27,
"details": "8. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 10
},
{
"act_id": 27,
"details": "9. The Government 6* * * may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificate of marriage between Native Christians. (4) \tby, or in the presence of, a Marriage Registrar appointed under this Act; (5) \tby any person licensed under this Act to grant certificates of marriage between Native Christians.",
"name": "Licensing of persons to grant certificates of marriage between Native Christians",
"related_acts": "",
"section_id": 11
},
{
"act_id": 27,
"details": "10. Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:",
"name": "Time for solemnizing marriage",
"related_acts": "",
"section_id": 12
},
{
"act_id": 27,
"details": "Provided that nothing in this section shall apply to- (1) \ta Clergyman of the Church of England solemnizing a marriage under a special license permitting him to do so at any hour other than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or (2) \ta Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, or (3) \ta Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland.",
"name": "Exceptions",
"related_acts": "",
"section_id": 13
},
{
"act_id": 27,
"details": "11. No Clergyman of the Church of England shall solemnize a marriage in any place other than a church where worship is generally held according to the forms of the Church of England, unless there is no such church within five miles distance by the shortest road from such place, or unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary.",
"name": "Place for solemnizing marriage",
"related_acts": "",
"section_id": 14
},
{
"act_id": 27,
"details": "For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.",
"name": "Fee for special license",
"related_acts": "",
"section_id": 15
},
{
"act_id": 27,
"details": "12. Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act- one of the persons intending marriage shall give notice in writing, according to the form contained in the first schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein- (a) \tthe name and surname, and the profession or condition, of each of the persons intending marriage, (b) \tthe dwelling- place of each of them, (c) \tthe time during which each has dwelt there, and (d) \tthe church or private dwelling in which the marriage is to be solemnized: Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.",
"name": "Notice of intended marriage",
"related_acts": "",
"section_id": 16
},
{
"act_id": 27,
"details": "13. If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.",
"name": "Publication of such notice",
"related_acts": "",
"section_id": 17
},
{
"act_id": 27,
"details": "But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice to the person who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.",
"name": "Return or transfer of notice",
"related_acts": "",
"section_id": 18
},
{
"act_id": 27,
"details": "14. If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in section 12, shall forward it to the Marriage Registrar of the District, who shall affix the same to some conspicuous place in his own office.",
"name": "Notice of intended marriage in private dwelling",
"related_acts": "",
"section_id": 19
},
{
"act_id": 27,
"details": "15. When one of the persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Registrar of such district, to the Senior Marriage Registrar.",
"name": "Sending copy of notice to Marriage Registrar when one party is a minor",
"related_acts": "",
"section_id": 20
},
{
"act_id": 27,
"details": "16. The Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district, who shall likewise publish the same in the manner above directed.",
"name": "Procedure on receipt of notice",
"related_acts": "",
"section_id": 21
},
{
"act_id": 27,
"details": "17. Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made: Provided– (1)\tthat no such certificate shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister; (2)\tthat no lawful impediment be shown to his satisfaction why such certificate should not issue; and (3)\tthat the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.",
"name": "Issue of certificate of notice given and declaration made",
"related_acts": "",
"section_id": 22
},
{
"act_id": 27,
"details": "18. The certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration– (a) \tthat he or she believes that there is not any impediment of kindred or affinity or other lawful hindrance to the said marriage, and, when either or both of the parties is or are a minor or minors, (b)\tthat the consent or consents required by law has or have been obtained thereto, or that there is no person resident in Bangladesh having authority to give such consent, as the case may be.",
"name": "Declaration before issue of certificate",
"related_acts": "",
"section_id": 23
},
{
"act_id": 27,
"details": "19. The father, if living, of any minor, or, if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor's marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in Bangladesh.",
"name": "Consent of father, or guardian, or mother",
"related_acts": "",
"section_id": 24
},
{
"act_id": 27,
"details": "20. Every person whose consent to a marriage is required under section 19 is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.",
"name": "Power to prohibit by notice issue of certificate",
"related_acts": "",
"section_id": 25
},
{
"act_id": 27,
"details": "21. If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition, or until the said notice withdrawn by the person who gave it.",
"name": "Procedure on receipt of notice",
"related_acts": "",
"section_id": 26
},
{
"act_id": 27,
"details": "22. When either of the persons intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.",
"name": "Issue of certificate in case of minority",
"related_acts": "",
"section_id": 27
},
{
"act_id": 27,
"details": "23. When any Native Christian about to be married takes a notice of Marriage to a Minister of Religion, or applies for a certificate from such Minister under section 17, such Minister shall, before issuing the certificate, ascertain whether such Native Christian is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall translate or caused to be translated the notice or certificate to such Native Christian into some language which he understands.",
"name": "Issue of certificates to Native Christians",
"related_acts": "",
"section_id": 28
},
{
"act_id": 27,
"details": "24. The certificate to be issued by such Minister shall be in the form contained in the second schedule hereto annexed, or to the like effect.",
"name": "Form of certificate",
"related_acts": "",
"section_id": 29
},
{
"act_id": 27,
"details": "25. After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt: Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.",
"name": "Solemnization of Marriage",
"related_acts": "",
"section_id": 30
},
{
"act_id": 27,
"details": "26. Whenever a marriage is not solemnize within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all proceedings (if any) thereon shall be void, and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.",
"name": "Certificate void if marriage not solemnized within two months",
"related_acts": "",
"section_id": 31
},
{
"act_id": 27,
"details": "27. All marriages hereafter solemnized in Bangladesh between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.",
"name": "Marriages when to be registered",
"related_acts": "",
"section_id": 32
},
{
"act_id": 27,
"details": "28. Every Clergyman of the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set forth in the third schedule hereto annexed, every marriage which he solemnizes under this Act.",
"name": "Registration of marriages solemnized by Clergymen of Church of England",
"related_acts": "",
"section_id": 33
},
{
"act_id": 27,
"details": "29. Every Clergyman of the Church of England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate.",
"name": "Quarterly returns to Archdeaconry",
"related_acts": "",
"section_id": 34
},
{
"act_id": 27,
"details": "Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty-first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day of October to the thirty-first day of December, of each year respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified. The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar General of Births, Deaths and Marriages.",
"name": "Contents of returns",
"related_acts": "",
"section_id": 35
},
{
"act_id": 27,
"details": "30. \tEvery marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is solemnized, and such person shall forward quarterly to the Registrar General of Births, Deaths and Marriages returns of the entries of all marriages registered by him during the three months next preceding.",
"name": "Registration and returns of marriages solemnized by Clergymen of Church of Rome",
"related_acts": "",
"section_id": 36
},
{
"act_id": 27,
"details": "31. \tEvery Clergyman of the Church of Scotland shall keep a register of marriages, and shall register therein, according to the tabular form set forth in the third schedule hereto annexed, every marriage which he solemnizes under this Act, and shall forward quarterly to the Registrar General of Births, Deaths and Marriages, through the Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such marriages.",
"name": "Registration and returns of marriages solemnized by Clergymen of Church of Scotland",
"related_acts": "",
"section_id": 37
},
{
"act_id": 27,
"details": "32. Every marriage solemnized by any person who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall, immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same; (that is to say) in a marriage-registrar-book to be kept by him for that purpose, according to the form contained in the fourth schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.",
"name": "Certain marriages to be registered in duplicate",
"related_acts": "",
"section_id": 38
},
{
"act_id": 27,
"details": "33. The entry of such marriage in both the certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by the persons married, and shall be attested by two credible witnesses, other than the person solemnizing the marriage, present at its solemnization. Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage-register-book.",
"name": "Entries of such marriages to be signed and attested",
"related_acts": "",
"section_id": 39
},
{
"act_id": 27,
"details": "34. The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage Register of the district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall cause such certificate to be copied into a book to be kept by him for that purpose, and shall send all the certificates which he has received during the month, with such number and signature or initials added thereto as are hereinafter required, to the Registrar General of Births, Deaths and Marriages.",
"name": "Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General",
"related_acts": "",
"section_id": 40
},
{
"act_id": 27,
"details": "35. Such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy in the said book, according to the order in which he receives each certificate.",
"name": "Copies of certificates to be entered and numbered",
"related_acts": "",
"section_id": 41
},
{
"act_id": 27,
"details": "36. \tThe Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and shall, at the end of every month, send the same to the Registrar General of Births, Deaths and Marriages.",
"name": "Registrar to add number of entry to certificate, and send to Registrar General",
"related_acts": "",
"section_id": 42
},
{
"act_id": 27,
"details": "37. \tWhen any marriage between Native Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district.",
"name": "Registration of marriages between Native Christians by persons referred to in clauses (1), (2) and (3) of section 5",
"related_acts": "",
"section_id": 43
},
{
"act_id": 27,
"details": "Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records of his office.",
"name": "Custody and disposal of register-book",
"related_acts": "",
"section_id": 44
},
{
"act_id": 27,
"details": "38. When a marriage is intended to be solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the first schedule hereto annexed, or to the like effect, to any Marriage Registrar of the District within which the parties have dwelt; or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district, and shall state therein the name and surname, and the profession or condition, of each of the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized: Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.",
"name": "Notice of intended marriage before Marriage Registrar",
"related_acts": "",
"section_id": 45
},
{
"act_id": 27,
"details": "39. Every Marriage Registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office. When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twenty-four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix the copy in some conspicuous place in his own office.",
"name": "Publication of notice",
"related_acts": "",
"section_id": 46
},
{
"act_id": 27,
"details": "40. The Marriage Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that purpose by the Government and to be called the \"Marriage Notice Book\"; and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.",
"name": "Notice to be filed and copy entered in Marriage Notice Book",
"related_acts": "",
"section_id": 47
},
{
"act_id": 27,
"details": "41. If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made: Provided– that no lawful impediment be shown to his satisfaction why such certificate should not issue; that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act; that four days after the receipt of the notice have expired; and further, that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.",
"name": "Certificate of notice given and oath made",
"related_acts": "",
"section_id": 48
},
{
"act_id": 27,
"details": "42. The certificate mentioned in section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath- (a) \tthat he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and (b) \tthat both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar, and, where either or each of the parties is a minor, – (c) \tthat the consent or consents to such marriage required by law has or have been obtained thereto, or that there is no person resident in Bangladesh authorized to give such consent, as the case may be.",
"name": "Oath before issue of certificate",
"related_acts": "",
"section_id": 49
},
{
"act_id": 27,
"details": "43. Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 50
},
{
"act_id": 27,
"details": "44. The provisions of section 19 apply to every marriage under this Part, either of the parties to which is a minor;",
"name": "Consent of father or guardian",
"related_acts": "",
"section_id": 51
},
{
"act_id": 27,
"details": "and any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrar's certificate, by writing, at any time before the issue of such certificate, the word \"forbidden\" opposite to the entry of the notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized.",
"name": "Protest against issue of certificate",
"related_acts": "",
"section_id": 52
},
{
"act_id": 27,
"details": "When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.",
"name": "Effect of protest",
"related_acts": "",
"section_id": 53
},
{
"act_id": 27,
"details": "45. If any person whose consent is necessary to any marriage under this Part is of unsound mind, or if any such person (other than the father) without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition, to the District Judge:",
"name": "Petition where person whose consent is necessary is insane, or unjustly withholds consent",
"related_acts": "",
"section_id": 54
},
{
"act_id": 27,
"details": "And the said District Judge may examine the allegations of the petition in a summary way: And, if upon examination such marriage appears proper, such District Judge shall declare the marriage to be a proper marriage. Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage; and, if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of such certificate had not been forbidden.",
"name": "Procedure on petition",
"related_acts": "",
"section_id": 55
},
{
"act_id": 27,
"details": "46. Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition to the District Judge. The said District Judge may examine the allegations of the petition in a summary way, and shall decide thereon. The decision of such District Judge shall be final, and the Marriage Registrar to whom the application for the issue of a certificate was originally made shall proceed in accordance therewith.",
"name": "Petition where Marriage Registrar refuses certificate. Procedure on petition",
"related_acts": "",
"section_id": 56
},
{
"act_id": 27,
"details": "47. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 57
},
{
"act_id": 27,
"details": "48. Whenever a Marriage Registrar, acting under the provisions of section 44, is not satisfied that the person for- bidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, to the District Judge.",
"name": "Petition when Registrar doubts authority of person forbidding",
"related_acts": "",
"section_id": 58
},
{
"act_id": 27,
"details": "The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same, and the said District Judge shall examine into the allegations of the petition and the circumstances of the case; and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not authorized by law so to do, such District Judge shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid, and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as if the issue had not been forbidden. 7* * *",
"name": "Procedure on petition",
"related_acts": "",
"section_id": 59
},
{
"act_id": 27,
"details": "49. \tEvery person entering a protest with the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such Marriage Registrar, under section 44 or the District Judge, under section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.",
"name": "Liability for frivolous protest against issue of certificate",
"related_acts": "",
"section_id": 60
},
{
"act_id": 27,
"details": "50. \tThe certificate to be issued by the Marriage Registrar under the provisions of section 41 shall be in the form contained in the second schedule to this Act annexed or to the like effect, and the Government shall furnish to every Marriage Registrar a sufficient number of forms of certificate.",
"name": "Form of certificate",
"related_acts": "",
"section_id": 61
},
{
"act_id": 27,
"details": "51. \tAfter the issue of the certificate of the Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for different districts, after the issue of the certificates of the Marriage Registrars for such districts, marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate or certificates, be solemnized between them, according to such form and ceremony as they think fit to adopt. But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses besides the Marriage Registrar. And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:- \"I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in matrimony to C. D.\" And each of the parties shall say to the other as follows or to the like effect:– \"I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful wedded wife or husband.\"",
"name": "Solemnization of marriage after issue of certificate",
"related_acts": "",
"section_id": 62
},
{
"act_id": 27,
"details": "52. \tWhenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void; and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid.",
"name": "When marriage not had within two months after notice, new notice required",
"related_acts": "",
"section_id": 63
},
{
"act_id": 27,
"details": "53. \tA Marriage Registrar before whom any marriage is solemnized under this Part may ask of the person to be married the several particulars required to be registered touching such marriage.",
"name": "Marriage Registrar may ask for particulars to be registered",
"related_acts": "",
"section_id": 64
},
{
"act_id": 27,
"details": "54. \tAfter the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplicate; that is to say, in a marriage-register-book, according to the form of the fourth schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil. The entry of such marriage in both the certificate and the marriage-register-book shall be signed by the person by or before whom the marriage has been solemnized, if there be any such person, and by the Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the parties married, and attested by two credible witnesses other than the Marriage Registrar and person solemnizing the marriage. Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriage register-book.",
"name": "Registration of marriage solemnized under Part V",
"related_acts": "",
"section_id": 65
},
{
"act_id": 27,
"details": "55. \tThe Marriage Registrar shall forthwith separate the certificate from the marriage-register-book and send it, at the end of every month, to the Registrar General of Births, Deaths and Marriages.",
"name": "Certificates to be sent monthly to Registrar General.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 27,
"details": "The Marriage Registrar shall keep safely the said register-book until it is filled, and shall then send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records of his office.",
"name": "Custody of register-book",
"related_acts": "",
"section_id": 67
},
{
"act_id": 27,
"details": "56.\tOmitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"name": "Omitted",
"related_acts": "430",
"section_id": 68
},
{
"act_id": 27,
"details": "57. \tWhen any Native Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said Native Christian understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to be translated, such notice or certificate, or both of them, as the case may be, to such Native Christian into a language which he understands; or the Marriage Registrar shall otherwise ascertain whether the Native Christian is cognizant of the purport and effect of the said notice and certificate.",
"name": "Registrars to ascertain that notice and certificate are understood by Native Christians",
"related_acts": "",
"section_id": 69
},
{
"act_id": 27,
"details": "58. \tWhen any Native Christian is married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether such Native Christian understands the English language, and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such Native Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.",
"name": "Native Christians to be made to understand declarations",
"related_acts": "",
"section_id": 70
},
{
"act_id": 27,
"details": "59. The registration of marriages between Native Christians under this Part shall be made in conformity with the rules laid down in section 37 (so far as they are applicable), and not otherwise.",
"name": "Registration of marriages between Native Christians",
"related_acts": "",
"section_id": 71
},
{
"act_id": 27,
"details": "60. Every marriage between Native Christians applying for a certificate shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:– (1)\tthe age of the man intending to be married shall exceed sixteen years, and the age of the woman intending to be married shall exceed thirteen years; (2)\tneither of the persons intending to be married shall have a wife or husband still living; (3)\tin the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other – \"I call upon these persons here present to witness that I, A. B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife or husband\" or words to the like effect: Provided that no marriage shall be certified under this Part when either of the parties intending to be married has not completed his or her eighteenth year, unless such consent as is mentioned in section 19 has been given to the intended marriage, or unless it appears that there is no person living authorized to give such consent.",
"name": "On what conditions marriages of Native Christians may be certified",
"related_acts": "",
"section_id": 72
},
{
"act_id": 27,
"details": "61. When, in respect to any marriage solemnized under this Part, the conditions prescribed in section 60 have been fulfiled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and on the payment of a fee of four annas, grant a certificate of the marriage. The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.",
"name": "Grant of certificate",
"related_acts": "",
"section_id": 73
},
{
"act_id": 27,
"details": "62. (1) Every person licensed under section 9 shall keep in English, or in the 8Bangla language, and in such form as the Government, by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths and Marriages for the territories under the administration of the said Government in such form and at such intervals as that Government may prescribe, true and duly authenticated extracts form his register-book of all entries made therein since the last of those intervals. 9* * *",
"name": "Keeping of register-book and deposit of extracts therefrom with Registrar General",
"related_acts": "",
"section_id": 74
},
{
"act_id": 27,
"details": "63. Every person licensed under this Act to grant certificates of marriage, and keeping a marriage-register-book under section 62, shall, at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of an entry therein.",
"name": "Searches in register-book and copies of entries",
"related_acts": "",
"section_id": 75
},
{
"act_id": 27,
"details": "64. The provisions of sections 62 and 63, as to form of the register-book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the books kept under section 37.",
"name": "Books in which marriages of Native Christians under Part I or Part III are registered",
"related_acts": "",
"section_id": 76
},
{
"act_id": 27,
"details": "65. This Part of this Act, except so much of sections 62 and 63 as are referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. XXV of 1864, previous to the twenty-third day of February, 1865.",
"name": "Part VI not to apply to Roman Catholics\tSaving of certain marriages",
"related_acts": "",
"section_id": 77
},
{
"act_id": 27,
"details": "66. Whoever, for the purpose of procuring a marriage or license of marriage, intentionally,- (a)\twhere an oath or declaration is required by this Act, or by any rule or custom of a Church according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or, (b)\twhere a notice or certificate is required by this Act, signs a false notice or certificate, shall be deemed to have committed the offence punishable under section 193 of the 10Penal Code with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court, with fine.",
"name": "False oath, declaration, notice or certificate for procuring marriage",
"related_acts": "",
"section_id": 78
},
{
"act_id": 27,
"details": "67. Whoever forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such representation to be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of the 11Penal Code.",
"name": "Forbidding, by false personation, issue of certificate by Marriage Registrar",
"related_acts": "",
"section_id": 79
},
{
"act_id": 27,
"details": "68. Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnize in the absence of a Marriage Registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term of not less than seven years, and not exceeding ten years, and shall also be liable to fine.",
"name": "Solemnizing marriage without due authority",
"related_acts": "",
"section_id": 80
},
{
"act_id": 27,
"details": "69. Whoever knowingly and wilfuly solemnizes a marriage between persons one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.",
"name": "Solemnizing marriage out of proper time, or without witnesses",
"related_acts": "",
"section_id": 81
},
{
"act_id": 27,
"details": "This section does not apply to marriages solemnized under special licenses granted by the Anglican Bishop of Diocese or by his Commissary, not to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10. Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.",
"name": "Saving of marriages solemnized under special license",
"related_acts": "",
"section_id": 82
},
{
"act_id": 27,
"details": "70. Any Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or, when one of the parties to the marriage is a minor, and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.",
"name": "Solemnizing without notice or within fourteen days after notice, marriage with minor",
"related_acts": "",
"section_id": 83
},
{
"act_id": 27,
"details": "71. \tA Marriage Registrar under this Act, who commits any of the following offences:– (1)\tknowingly and wilfuly issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act; (2)\tafter the expiration of two months after the copy of the notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage; (3)\tsolemnizes, without any order of a competent Court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than one, and if he himself be not the Senior Marriage Registrar; (4)\tissues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.",
"name": "Issuing certificate, or marrying without publication of notice; marrying after expiry of notice; solemnizing marriage with minor within fourteen days without authority of Court, or without sending copy of notice; issuing cert",
"related_acts": "",
"section_id": 84
},
{
"act_id": 27,
"details": "72. Any Marriage Registrar knowingly and wilfuly issuing any certificate for marriage after the expiration of two months after the notice has been entered by him as aforesaid, or knowingly and wilfuly issuing, without the order of a competent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf, shall be deemed to have committed an offence under section 166 of the 12Penal Code.",
"name": "Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition",
"related_acts": "",
"section_id": 85
},
{
"act_id": 27,
"details": "73. Whoever, being authorized under this Act to solemnize a marriage, and not being a Clergyman of the Church of England, solemnizing a marriage after due publication of banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf, or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that church, or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that church,",
"name": "Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome);",
"related_acts": "",
"section_id": 86
},
{
"act_id": 27,
"details": "knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him;",
"name": "issuing certificate or marrying, without publishing \tnotice, or after expiry of certificate;",
"related_acts": "",
"section_id": 87
},
{
"act_id": 27,
"details": "or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district;",
"name": "issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;",
"related_acts": "",
"section_id": 88
},
{
"act_id": 27,
"details": "or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;",
"name": "issuing certificate authorizedly forbidden;",
"related_acts": "",
"section_id": 89
},
{
"act_id": 27,
"details": "or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same; shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.",
"name": "solemnizing marriage authorizedly forbidden",
"related_acts": "",
"section_id": 90
},
{
"act_id": 27,
"details": "74. Whoever, not being licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred taka.",
"name": "Unlicensed person granting certificate pretending to be licensed",
"related_acts": "",
"section_id": 91
},
{
"act_id": 27,
"details": "75. Whoever, by himself or another, wilfully destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom, or falsely makes or counterfeits any part of such register-book or counterfoil certificates, or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated extract, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.",
"name": "Destroying or falsifying register-books",
"related_acts": "",
"section_id": 92
},
{
"act_id": 27,
"details": "76. The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed.",
"name": "Limitation of prosecutions under Act",
"related_acts": "",
"section_id": 93
},
{
"act_id": 27,
"details": "77. Whenever any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:– (1)\tany statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law: (2)\tthe notice of the marriage: (3)\tthe certificate or translation thereof: (4)\tthe time and place at which the marriage has been solemnized: (5)\tthe registration of the marriage.",
"name": "What matters need not be proved in respect of marriage in accordance with Act",
"related_acts": "",
"section_id": 94
},
{
"act_id": 27,
"details": "78. Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may, within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses, correct the error, by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. And every entry made under this section shall be attested by the witnesses in whose presence it was made. And in case such certificate has been already sent to the Registrar General of Births, Deaths and Marriages, such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.",
"name": "Correction of errors",
"related_acts": "",
"section_id": 95
},
{
"act_id": 27,
"details": "79. Every person solemnizing a marriage under this Act, and hereby required to register the same, and every Marriage Registrar or Registrar General of Births, Deaths and Marriages having the custody for the time being of any register of marriages, or of any certificate, or duplicate or copies of certificate, under this Act, shall, on payment of proper fees, at all reasonable times allow searches to be made in such register, or for such certificate, or duplicate, or copies, and give a copy under his hand of any entry in the same.",
"name": "Searches and copies of entries",
"related_acts": "",
"section_id": 96
},
{
"act_id": 27,
"details": "80. Every certified copy, purporting to be signed by the person entrusted under this Act with the custody of any marriage register or certificate, or duplicate, required to be kept or delivered under this Act, of an entry of a marriage in such register, or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.",
"name": "Certified copy of entry in marriage-register, etc., to be evidence",
"related_acts": "",
"section_id": 97
},
{
"act_id": 27,
"details": "81. The Registrar General of Births, Deaths, and Marriages 13* * * shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to 14Him, during such quarter, the certificates of the marriages of which the Government 15* * * may desire that evidence shall be transmitted to England, and shall send the same certificates, signed by 16Him to the Government.",
"name": "Certificates of certain marriages for Government",
"related_acts": "",
"section_id": 98
},
{
"act_id": 27,
"details": "82. Fees shall be chargeable under this Act for- receiving and publishing notices of marriages; issuing certificates for marriage by Marriage Registrars, and registering marriages by the same; entering protests against, or prohibitions of, the issue of certificates for marriage by the said Registrars; searching register-books or certificates, or duplicates of copies thereof; giving copies of entries in the same under section 63 and 79. The Government shall fix the amount of such fees respectively, and may from time to time vary or remit them either generally or in special cases, as to it may seem fit.",
"name": "Government to prescribe fees",
"related_acts": "",
"section_id": 99
},
{
"act_id": 27,
"details": "83. The Government may make rules in regard to the disposal of the fees mentioned in section 82, the supply of register-books, and the preparation and submission of returns of marriages solemnized under this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 100
},
{
"act_id": 27,
"details": "84. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 101
},
{
"act_id": 27,
"details": "85. The Government may, by notification in the official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the District Judge.",
"name": "Power to declare who shall be District Judge",
"related_acts": "",
"section_id": 102
},
{
"act_id": 27,
"details": "86. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 103
},
{
"act_id": 27,
"details": "87. Nothing in this Act applies to any marriage performed by any Minister, Consul or Consular Agent between subjects of the State which he represents and according to the laws of such State.",
"name": "Saving of Consular marriages",
"related_acts": "",
"section_id": 104
},
{
"act_id": 27,
"details": "88. Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.",
"name": "Non-validation of marriages within prohibited degrees",
"related_acts": "",
"section_id": 105
}
],
"text": "2♣An Act to consolidate and amend the law relating to the solemnization of the marriages of Christians. Preamble WHEREAS it is expedient to consolidate and amend the law relating to the solemnization of the marriages of persons professing the Christian religion; It is hereby enacted as follows:-"
} |
{
"id": 28,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words and comma \"or if, that area is in India the Postmaster-General for such area in Pakistan as the Central Government may by general or special order specify in this behalf\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words, comma and figure \"Indian Succession Act, 1865\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Government Savings Banks Act, 1873",
"num_of_sections": 18,
"published_date": "28th January, 1873",
"related_act": [
33,
138,
430,
21,
28
],
"repelled": false,
"sections": [
{
"act_id": 28,
"details": "1. This Act may be called the Government Savings Banks Act, 1873.",
"name": "Short title",
"related_acts": "28",
"section_id": 1
},
{
"act_id": 28,
"details": "It extends to the whole of Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 28,
"details": "2. Repealed by the Repealing Act, 1873 (Act No. XII of 1873).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 28,
"details": "3. In this Act– \"depositor\" means a person by whom, or on whose behalf, money has been heretofore, or shall be hereafter, deposited in a Government Savings Bank, and \"deposit\" means money so deposited: \"Secretary\" means, in the case of a Post Office Savings Bank, the Postmaster-General appointed for the area in which the Savings Bank is situate 3* * *: \"minor\" means a person who is not deemed to have attained his majority under the Majority Act, 1875.",
"name": "Interpretation clause",
"related_acts": "33",
"section_id": 4
},
{
"act_id": 28,
"details": "4.(1) A depositor may, in such manner and form as may be prescribed by rules of the Government Savings Bank, make nomination conferring upon any person or persons the right to receive on the death of the depositor the whole or any part of the deposit standing to his credit. (2) \tThe person or persons nominated under sub-section (1) shall notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, by a depositor of the deposit or any part thereof, be entitled, to the exclusion of all other persons, to receive the deposit or part which the nomination relates. (3) \tWhere any person nominated under sub-section (1) dies before the death of the depositor or before he has received any sum thereunder, the nomination shall cease to have any effect. (4) \tA depositor may, by a notice to the Postmaster concerned in such form as may be prescribed for the purpose, at any time vary or cancel any nomination made by him under sub-section (1). (5) \tIn any case where- (a)\ta depositor dies without making any nomination under sub-section (1) in respect of the whole of the deposit standing to his credit, or after any such nomination, if made, has ceased to have effect under sub-section (3); (b)\tthe deposit, or the part of the deposit in respect of which no nomination has been made does not exceed twenty-five thousand taka; and (c)\tthe probate of the will of the depositor, or the letters of administration of his estate, or a succession certificate under the Succession Act, 1925 (XXXIX of 1925), is not, within three months of the death of the depositor, produced to the Secretary of the Government Savings Bank concerned; payment of the deposit, or the part as aforesaid, may be made to the person appearing to be entitled to receive it or to administer the estate of the deceased by the Secretary or by any officer employed in the management of the Government Savings Bank who is empowered in this behalf by a general or special order of the Government to the extent to which he is so empowered and subject to any general or special order of the Secretary in this behalf.",
"name": "Nomination and payment on death of depositor",
"related_acts": "138",
"section_id": 5
},
{
"act_id": 28,
"details": "5. \tSuch payment shall be a full discharge from all further liability in respect of the money so paid:",
"name": "Payment to be a discharge",
"related_acts": "",
"section_id": 6
},
{
"act_id": 28,
"details": "But nothing herein contained precludes any executor or administrator, or other representative of the deceased, from recovering from the person receiving the same the amount remaining in his hands after deducting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration.",
"name": "Saving of right of executors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 28,
"details": "And any creditor or claimant against the estate of the deceased may recover his debt or claim out of the money paid under this Act or Act No. XXVI of 1855, to any person, and remaining in his hands unadministered, in the same manner and to the same extent as if the latter had obtained letters of administration of the estate of the deceased.",
"name": "Saving of right of creditor",
"related_acts": "",
"section_id": 8
},
{
"act_id": 28,
"details": "6. The Secretary of any such Bank or any officer empowered under sub-section (5) of section 4 may take such security as he thinks necessary from any person to whom he pays any money under sub-section (5) of section 4 for the due administration of the money so paid, and he may assign the said security to any person interested in such administration.",
"name": "Security for due administration",
"related_acts": "",
"section_id": 9
},
{
"act_id": 28,
"details": "7. \tFor the purpose of ascertaining the right of the person claiming to be entitled as aforesaid, the Secretary of any such Bank or any officer empowered under sub-section (5) of section 4 may take evidence on oath or affirmations according to the law for the time being relating to oaths and affirmations.",
"name": "Power to administer oath",
"related_acts": "",
"section_id": 10
},
{
"act_id": 28,
"details": "Any person who, upon such oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of an offence under section 193 of the 4Penal Code.",
"name": "Penalty for false statements",
"related_acts": "",
"section_id": 11
},
{
"act_id": 28,
"details": "8. Where the amount of the deposit belonging to the estate of a deceased depositor does not exceed three thousand taka such amount shall be excluded in computing the fee chargeable, under the Court-fees Act, 1870, on the probate, or letters of administration, or certificate (if any), granted in respect of his property: Provided that the person claiming such probate or letters or certificate shall exhibit to the Court authorized to grant the same a certificate of the amount of the deposit in any Government Savings Bank belonging to the estate of the deceased. Such certificate shall be signed by the Secretary of such Bank, and the Court shall receive it as evidence of the said amount.",
"name": "Deposit when excluded in computing court-fees",
"related_acts": "21",
"section_id": 12
},
{
"act_id": 28,
"details": "9. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 13
},
{
"act_id": 28,
"details": "10. Any deposit made by, or on behalf of, any minor may be paid to him personally if he made deposit, or to his guardian for his use if the deposit was made by any person other than the minor, together with the interest accrued thereon. The receipt of any minor or guardian for money paid to him under this section shall be a sufficient discharge therefor.",
"name": "Payment of deposits to minor or guardian",
"related_acts": "",
"section_id": 14
},
{
"act_id": 28,
"details": "11. All payments of deposits heretofore made to minors or their guardians by any Secretary of a Government Savings Bank shall be deemed to have been made in accordance with law.",
"name": "Legalization of like payments heretofore made",
"related_acts": "",
"section_id": 15
},
{
"act_id": 28,
"details": "12. If any depositor becomes insane or otherwise incapable of managing his affairs, and if such insanity or incapacity is proved to the satisfaction of the Secretary of the Bank in which his deposit may be, such Secretary may, from time to time, make payments out of the deposit to any proper person, and the receipt of such person, for money paid under this section, shall be a sufficient discharge therefor. Where a committee or manager of the depositor's estate has been duly appointed, nothing in this section authorizes payments to any person other than such committee or manager.",
"name": "Payment of deposits belonging to Lunatics",
"related_acts": "",
"section_id": 16
},
{
"act_id": 28,
"details": "13. Any deposit made by or on behalf of a married woman, or by or on behalf of a woman who afterwards marries, may be paid to her, whether or not the 5Succession Act, 1925, section 4, applies to her marriage; and her receipt for money paid to her under this section shall be a sufficient discharge therefor.",
"name": "Payment of Married women's deposits",
"related_acts": "138",
"section_id": 17
},
{
"act_id": 28,
"details": "14. All certificate under section 8, and all payments under section 10, section 12 or section 13, shall be respectively granted and made by the Secretary of the Bank, subject to such rules consistent with this Act as the Government may, from time to time, prescribe.",
"name": "Rules regulating certificates under section 8, and payments under section 10, 12 or 13",
"related_acts": "",
"section_id": 18
}
],
"text": "2♣An Act to amend the law relating to Government Saving Banks. Preamble WHEREAS it is expedient to amend the law relating to the payment of deposits in Government Savings Banks; It is hereby enacted as follows:-"
} |
{
"id": 29,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"the Republic\" were substituted, for the word \"Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Oaths Act, 1873",
"num_of_sections": 19,
"published_date": "8th April, 1873",
"related_act": [
29,
430
],
"repelled": false,
"sections": [
{
"act_id": 29,
"details": "1. This Act may be called the Oaths Act, 1873.",
"name": "Short title",
"related_acts": "29",
"section_id": 1
},
{
"act_id": 29,
"details": "It extends to the whole of 1Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 29,
"details": "2. Repealed by the Repealing Act, 1873 (Act No. XII of 1873).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 29,
"details": "3. Nothing herein contained applies to proceedings before Courts Martial, or to oaths, affirmations or declarations prescribed by or under any law President's warrants or for the time being in force.",
"name": "Saving of certain oaths and affirmations",
"related_acts": "",
"section_id": 4
},
{
"act_id": 29,
"details": "4. The following Courts and persons are authorized to administer, by themselves or by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties or in exercise of the powers imposed or conferred upon them respectively by law:– (a)\tall Courts and persons having by law or consent of parties authority to receive evidence; (b)\tthe Commanding Officer of any military, naval, or air force station or ship occupied by troops in the service of 2the Republic: Provided (1)\tthat the oath or affirmation be administered within the limits of the station, and (2)\tthat the oath or affirmation be such as a Justice of the Peace is competent to administer in 3Bangladesh.",
"name": "Authority to administer oaths and affirmations",
"related_acts": "",
"section_id": 5
},
{
"act_id": 29,
"details": "5. Oaths or affirmations shall be made by the following persons:– (a)\tall witnesses, that is to say, all persons who may lawfully be examined, or give, or be required to give, evidence by or before any Court or person having by law or consent of parties authority to examine such persons or to receive evidence;",
"name": "Oaths or affirmations to be made by - witnesses",
"related_acts": "",
"section_id": 6
},
{
"act_id": 29,
"details": "(b)\tinterpreters of questions put to, and evidence given by, witnesses; and",
"name": "interpreters",
"related_acts": "",
"section_id": 7
},
{
"act_id": 29,
"details": "(c)\tjurors: Provided that where the witness is a child under twelve years of age, and the Court or person having authority to examine such witness is of opinion that, though he understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation, the foregoing provisions of this section and the provisions of section 6 shall not apply to such witness, but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth. Nothing herein contained shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, or necessary to administer to the official interpreter of any Court, after he has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.",
"name": "jurors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 29,
"details": "6. Where the witness, interpreter or juror is a Hindu or 4Muslim. or has an objection to making an oath, he shall, instead of making an oath, make an affirmation. In every other case the witness, interpreter or juror shall make an oath.",
"name": "Affirmation by Natives or by persons objecting to oaths",
"related_acts": "",
"section_id": 9
},
{
"act_id": 29,
"details": "7. All oaths and affirmations made under section 5 shall be administered according to such forms as the 5Supreme Court may from time to time prescribe. And until any such forms are prescribed by the 6Supreme Court, such oaths and affirmations shall be administered according to the forms now in use.",
"name": "Forms of oaths and affirmations",
"related_acts": "",
"section_id": 10
},
{
"act_id": 29,
"details": "8. If any party to, or witness in, any judicial proceeding offers to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the race or persuasion to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third person, the Court may, if it thinks fit, notwithstanding anything hereinbefore contained, tender such oath or affirmation to him.",
"name": "Power of Court to tender certain oaths",
"related_acts": "",
"section_id": 11
},
{
"act_id": 29,
"details": "9. If any party to any judicial proceeding offers to be bound by any such oath or solemn affirmation as is mentioned in section 8, if such oath or affirmation is made by the other party to, or by any witness in, such proceeding, the Court may, if it thinks fit, ask such party or witness, or cause him to be asked, whether or not he will make the oath or affirmation: Provided that no party or witness shall be compelled to attend personally in Court solely for the purpose of answering such question.",
"name": "Court may ask party or witness whether he will make oath \tproposed by opposite party",
"related_acts": "",
"section_id": 12
},
{
"act_id": 29,
"details": "10. If such party or witness agrees to make such oath or affirmation, the Court may proceed to administer it, or, if it is of such a nature that it may be more conveniently made out of Court, the Court may issue a commission to any person to administer it, and authorize him to take the evidence of the person to be sworn or affirmed and return it to the Court.",
"name": "Administration of oath if accepted",
"related_acts": "",
"section_id": 13
},
{
"act_id": 29,
"details": "11. The evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter stated.",
"name": "Evidence conclusive as against person offering to be bound",
"related_acts": "",
"section_id": 14
},
{
"act_id": 29,
"details": "12. If the party or witness refuses to make the oath or solemn affirmation referred to in section 8, he shall not be compelled to make it, but the Court shall record, as part of the proceedings, the nature of the oath or affirmation proposed, the facts that he was asked whether he would make it, and that he refused it, together with any reason which he may assign for his refusal.",
"name": "Procedure in case of refusal to make oath",
"related_acts": "",
"section_id": 15
},
{
"act_id": 29,
"details": "13. No omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever, in the form in which any one of them is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.",
"name": "Proceedings and evidence not invalidated by omission of \toath or irregularity",
"related_acts": "",
"section_id": 16
},
{
"act_id": 29,
"details": "14. Every person giving evidence on any subject before any Court or person hereby authorized to administer oaths and affirmations shall be bound to state the truth on such subject.",
"name": "Persons giving evidence bound to state the truth",
"related_acts": "",
"section_id": 17
},
{
"act_id": 29,
"details": "15. Repealed by the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 18
},
{
"act_id": 29,
"details": "16. Subject to the provisions of sections 3 and 5, no person appointed to any office shall, before entering on the execution of the duties of his office, be required to make any oath, or to make or subscribe any affirmation or declaration whatever.",
"name": "Official oaths abolished",
"related_acts": "",
"section_id": 19
}
],
"text": "An Act to consolidate the law relating to Judicial Oaths, and for other purposes. Preamble WHEREAS it is expedient to consolidate the law relating to judicial oaths, affirmations and declarations, and to repeal the law relating to official oaths, affirmations and declarations; It is hereby enacted as follows:–"
} |
{
"id": 30,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Government\" and \"Bangladesh\" were substituted, for the words \"Provincial Government\" and \"Pakistan\" or \"the Province\" or \"any Province\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Government\" and \"Bangladesh\" were substituted, for the words \"Provincial Government\" and \"Pakistan\" or \"the Province\" or \"any Province\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, comma and figure \"the Supreme Court under the Official Trustees Act, 1913\" were substituted, for the words, letter, commas and figures \"a High Court, under Act No. XVII of 1864 to constitute and official trustee, section 10\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words, comma and figure \"Indian Succession Act, 1865\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Married Women's Property Act, 1874",
"num_of_sections": 10,
"published_date": "24th February, 1874",
"related_act": [
97,
138,
430,
30
],
"repelled": false,
"sections": [
{
"act_id": 30,
"details": "1. This Act may be called the Married Women's Property Act, 1874.",
"name": "Short title",
"related_acts": "30",
"section_id": 1
},
{
"act_id": 30,
"details": "2. It extends to the whole of Bangladesh. But nothing herein contained applies to any married woman who at the time of her marriage professed the Hindu, 3Muslim, Buddhist, Sikh or Jaina religion, or whose husband, at the time of such marriage, professed any of those religions. And the Government may from time to time, by order, either retrospectively from the passing of this Act or prospectively, exempt from the operation of all or any of the provisions of this Act the members of any race, sect or tribe, or part of a race, sect or tribe, to whom it may consider it impossible or inexpedient to apply such provisions. The Government may also revoke any such order, but not so that the revocation shall have any retrospective effect. All orders and revocations under this section shall be published in the official Gazette.",
"name": "Extent and application",
"related_acts": "",
"section_id": 2
},
{
"act_id": 30,
"details": "3. Repealed by the Repealing Act, 1876 (Act No. XII of 1876).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 30,
"details": "4. The wages and earnings of any married woman acquired or gained by her after the passing of this Act, in any employment, occupation or trade carried on by her and not by her husband, and also any money or other property so acquired by her through the exercise of any literary, artistic or scientific skill, and all savings from and investments of such wages, earnings and property, shall be deemed to be her separate property, and her receipts alone shall be good discharges for such wages, earnings and property.",
"name": "Married women's earnings to be their separate property",
"related_acts": "",
"section_id": 4
},
{
"act_id": 30,
"details": "5. Any married woman may effect a policy of insurance on her own behalf and independently of her husband; and the same and all benefit thereof, if expressed on the face of it to be so effected, shall ensure as her separate property, and the contract evidenced by such policy shall be as valid as if made with an unmarried woman.",
"name": "Married woman may effect policy of insurance",
"related_acts": "",
"section_id": 5
},
{
"act_id": 30,
"details": "6. (1) A policy of insurance effected by any married man on his own life, and expressed on the face of it to be for the benefit of his wife, or of his wife and children, or any of them, shall ensure and be deemed to be a trust for the benefit of his wife, or of his wife and children, or any of them, according to the interest so expressed, and shall not, so long as any object of the trust remains, be subject to the control of the husband, or to his creditors, or form part of his estate. When the sum secured by the policy becomes payable, it shall, unless special trustees are duly appointed to receive and hold the same, be paid to the Official Trustee of Bangladesh in which the office at which the insurance was effected is situate, and shall be received and held by him upon the trusts expressed in the policy, or such of them as are then existing. And in reference to such sum he shall stand in the same position in all respects as if he had been duly appointed trustee thereof by 4the Supreme Court under the Official Trustees Act, 1913. Nothing herein contained shall operate to destroy or impede the right of any creditor to be paid out of the proceeds of any policy of assurance which may have been effected with intent to defraud creditors. (2) \tNotwithstanding anything contained in section 2, the provisions of sub-section (1) shall apply in the case of any policy of insurance such as is referred to therein which is effected by any Hindu, 5Muslim, Sikh or Jaina, in Bangladesh after the first day of April, 1923: Provided that nothing herein contained shall affect any right or liability which has accrued or been incurred under any decree of a competent Court passed before the first day of April, 1923.",
"name": "Insurance by husband for benefit of wife",
"related_acts": "97",
"section_id": 6
},
{
"act_id": 30,
"details": "7. A married woman may maintain a suit in her own name for the recovery of property of any description which by force of the said 6Succession Act, 1925, or of this Act, is her separate property; and she shall have, in her own name, the same remedies, both civil and criminal, against all persons, for the protection and security of such property, as if she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried.",
"name": "Married woman may take legal proceedings",
"related_acts": "138",
"section_id": 7
},
{
"act_id": 30,
"details": "8. If a married woman (whether married before or after the first day of January, 1866) possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and, to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree: Provided that nothing herein contained shall – (a)\tentitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest therein, or (b)\taffect the liability of a husband for debts contracted by his wife's agency expressed or implied.",
"name": "Wife's liability for postnuptial debts",
"related_acts": "",
"section_id": 8
},
{
"act_id": 30,
"details": "9. A husband married after the thirty-first day of December, 1865, shall not by reason only of such marriage be liable to the debts of his wife contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her separate property, be liable to satisfy such debts as if she had continued unmarried: Provided that nothing contained in this section shall invalidate any contract into which a husband may, before the passing of this Act, have entered in consideration of his wife's antenuptial debts.",
"name": "Husband not liable for wife's antenuptial debts",
"related_acts": "",
"section_id": 9
},
{
"act_id": 30,
"details": "10. Where a woman is a trustee, executrix or administratrix' either before or after marriage, her husband shall not, unless he acts or intermeddles in the trust or administration, be liable for any breach of trust committed by her, or for any misapplication, loss or damage to the estate of the deceased caused or made by her, or for any loss to such estate arising from her neglect to get in any part of the property of the deceased.",
"name": "Extent of husband's liability for wife's breach of trust or devastation",
"related_acts": "",
"section_id": 10
}
],
"text": "2♣An Act to explain and amend the law relating to certain married women, and for other purposes. Preamble WHEREAS it is expedient to make such provision as hereinafter appears for the enjoyment of wages and earnings by women married before the first day of January, 1866, and for insurances on lives by persons married before or after that day: And whereas by the Succession Act, 1925, section 4, it is enacted that no person shall by marriage acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property, which he or she could have done, if unmarried: And whereas by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by, them, and their husbands do not by their marriage acquire any interest in such property, but the said Act does not protect such husbands from liabilities on account of the debts of their wives contracted before marriage, and does not expressly provide for the enforcement of claims by or against such wives:"
} |
{
"id": 31,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"Code of Criminal Procedure, 1898\" were substituted, for the words \"Code of Criminal Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Foreign Recruiting Act, 1874",
"num_of_sections": 7,
"published_date": "24th February, 1874",
"related_act": [
75,
430,
31
],
"repelled": false,
"sections": [
{
"act_id": 31,
"details": "1. This Act may be called the Foreign Recruiting Act, 1874.",
"name": "Short title",
"related_acts": "31",
"section_id": 1
},
{
"act_id": 31,
"details": "It extends to the whole of Bangladesh. 2. In this Act- \"Foreign State\" includes any person or persons exercising or assuming to exercise the powers of Government in or over any country, colony, province or people beyond the limits of Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 31,
"details": "3. If any person is, within the limits of Bangladesh, obtaining or attempting to obtain recruits for the service of any Foreign State in any capacity, the Government may, by order in writing, either prohibit such person from so doing, or permit him to do so subject to any conditions which the Government thinks fit to impose.",
"name": "Power to prohibit or permit recruiting",
"related_acts": "",
"section_id": 3
},
{
"act_id": 31,
"details": "4. The Government may from time to time, by general order notified in the official Gazette, either prohibit recruiting for the service or any Foreign State, or impose upon such recruiting any conditions which it thinks fit.",
"name": "Power to impose conditions",
"related_acts": "",
"section_id": 4
},
{
"act_id": 31,
"details": "5. The Government may rescind or vary any order made under this Act in such manner as it thinks fit.",
"name": "Power to rescind or vary orders",
"related_acts": "",
"section_id": 5
},
{
"act_id": 31,
"details": "6. Whoever, in violation of the prohibition of the Government, or of any condition subject to which permission to recruit may have been accorded,- (a)\tinduces or attempts to induce any person to accept or agree to accept or to proceed to any place with a view to obtaining any commission or employment in the service of any Foreign State, or (b)\tknowingly aids in the engagement of any person so induced, by forwarding or conveying him or by advancing money or in any other way whatever, shall be liable to imprisonment for a term which may extend to seven years, or to fine to such amount as the Court thinks fit, or to both.",
"name": "Offences",
"related_acts": "",
"section_id": 6
},
{
"act_id": 31,
"details": "7. Any offence against this Act may be inquired into and tried, as well in any district in which the person accused may be found, as in any district in which it might be inquired into and tried under the provisions of the 3Code of Criminal Procedure, 1898.",
"name": "Place of trial",
"related_acts": "75",
"section_id": 7
}
],
"text": "2♣An Act to control recruiting in Bangladesh for the service of Foreign States. Preamble WHEREAS it is expedient that the Government should exercise full control over recruiting in Bangladesh for the service of Foreign States;It is enacted as follows:-"
} |
{
"id": 32,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Government\" and \"Taka\" were substituted, for the words \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)",
"3 The word \"Bangladesh\" was substituted, for the words \"East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words and commas \"determination of the extent of erosion along the banks of rivers or the extent of accretion, reformation or new formation due to fluvial action of any river,\" were inserted by section 3 of the Survey (Amendment) Act, 1975 (Act No. XXVI of 1975)",
"5 The full-stop was substituted for the colon and thereafter the proviso was omitted by section 4 of the Survey (Amendment) Act, 1975 (Act No. XXVI of 1975)",
"6 The words \"it shall be competent to the Board of Land Administration to\" were substituted, for the words \"the Government may\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"7 The words \"Commissioner of the division\" were substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"8 The words \"said Commissioner\" were substituted, for the words \"said Director\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"9 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Commissioner\" was substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"11 The word \"Commissioner\" was substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"12 The words \"Commissioner of the division\" were substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"13 The words \"Commissioner of the division\" were substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"14 The word \"Commissioner\" was substituted, for the words \"Director of Land Records and Surveys\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976, (Ordinance No. IX of 1976)"
],
"name": "The Survey Act, 1875",
"num_of_sections": 81,
"published_date": "6th October, 1875",
"related_act": [
32,
14,
15,
16,
17,
18,
19,
20,
430
],
"repelled": false,
"sections": [
{
"act_id": 32,
"details": "1. This Act may be called the 2* * * Survey Act, 1875.",
"name": "Short title Repealed",
"related_acts": "32",
"section_id": 1
},
{
"act_id": 32,
"details": "It extends to the whole of 3Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 32,
"details": "2. In this Act, unless there be something repugnant in the subject or context,– \"Collector\" means every Collector or Deputy Commissioner of a district, and includes every officer either generally or specially vested with the powers of a Collector for the purposes of this Act. \"Deputy Collector\" includes any Deputy Collector to whom the Collector or Superintendent of Survey may delegate any of his functions under this Act: \"estate\" means- any land included under one entry in any of the general registers of revenue-paying lands and revenue-free lands prepared and maintained under the law for the time being in force by the Collector or Deputy Commissioner of a district; any khas mahal and revenue-free land not entered in any register; any char or island thrown up in a navigable river or in the sea which, under the laws for the time being in force, is at the disposal of the Government; and also includes the following in the district of Sylhet:– any land subject, either immediately or prospectively, to the payment of land revenue for the discharge of which a separate engagement has been entered into; any land subject to the payment of, or assessed with a separate amount as, land revenue, although no engagement has been entered into with the Government for that amount; any land being the exclusive property of Government of which a separate entry has been made in the general registers of revenue-paying and revenue-free estates mention in Chapter IV of the Assam Land and Revenue Regulation, 1886. Explanation – Any land gained by alluvion or by dereliction of a river or of the sea to any estate as here defined, which, under the laws in force is considered an increment to the tenure to which such land has accreted, shall be deemed a part of such estate: \"mauza\" includes every village, hamlet, tola and similar subdivision of an estate, pargana or village by whatever name such subdivision may be known: \"occupant\" includes every zaminder, tenure-holder, farmer and other person entitled to receive rents in respect of land, or holding land on a claim that he is so entitled, and every raiyat in occupation of land; \"section\" means a section of this Act: \"survey\" includes identification of boundaries, 4determina-tion of the extent of erosion along the banks of rivers or the extent of accretion, reformation or new formation due to fluvial action of any river, and all other operations antecedent to and connected with survey: \"tenure\" includes all permanent interests in land, with the exception of estates as above defined, and with the exception of those of raiyats having a right of occupancy only; it also includes all ghatwali holdings: \"tenure-holder\" means all or any of the holders of a tenure: \"zamindar\" means all or any of the holders of an estate.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 3
},
{
"act_id": 32,
"details": "3. The Government may, whenever it shall think fit, order that a survey shall be made of the land situated in any district or in any part of a district or in any specified tract of country, and that the boundaries of estates, tenures, mouzas or fields be demarcated on the lands so to be surveyed 5.* * *",
"name": "Government may order survey",
"related_acts": "",
"section_id": 4
},
{
"act_id": 32,
"details": "4. For the purpose of carrying out any survey directed to be made under the last preceding section, or for any or all of the purposes of this Act, the Government may appoint a Superintendent of Survey, who may exercise all or any of the powers of a Collector under this Act; and may appoint one or more Assistant Superintendents and Deputy Collectors, who shall exercise all the powers of a Collector in respect to such matters under this Act as may be delegated to such Assistant Superintendents or Deputy Collectors respectively by the Collector or Superintendent of Survey, and not otherwise: Provided that, notwithstanding the appointment of a Superintendent of Survey for any tract of country, 6it shall be competent to the Board of Land Administration to direct that the Collector shall perform any duties under the Act within the said tract.",
"name": "Government may appoint Superintendent of Survey",
"related_acts": "",
"section_id": 5
},
{
"act_id": 32,
"details": "5. Before entering on any lands for the purpose of a survey the Collector shall cause to be published a proclamation addressed to the occupants of the lands which are about to be surveyed and of the conterminous lands, and to all persons employed on or connected with the management of, or otherwise interested in, such lands, calling upon them to attend, either personally or by agent, before the Collector or any officer authorized by the Collector in that behalf, at such places and at such times as shall be stated in such proclamation, during the demarcation and survey of the land, for the purpose of pointing out the boundaries and of rendering such aid as may be necessary in setting up or repairing such boundary marks as may be required, and of affording such assistance and information as may be needed for the purposes of this Act. Such proclamation shall be published by posting a copy thereof- at the Court of the Judge and at the office of the Collector of every district within which any portion of the lands about to be surveyed may be known to be situated; at every subdivisional office, police-station, Munsif's Court and sub-registrar's office within the jurisdiction of which any portion of the land about to be surveyed may be known to be situated; at one or more mal-cutcheries on each estates; and at such other place or places as to the Collector may seem fit.",
"name": "Collector to publish proclamation before entering on lands",
"related_acts": "",
"section_id": 6
},
{
"act_id": 32,
"details": "6. After issue of a proclamation as aforesaid, the Collector and any person acting under his authority may enter upon such lands, and do all things and make all inquiries necessary for effecting the survey and demarcation of the boundaries thereof.",
"name": "Collector may enter upon land",
"related_acts": "",
"section_id": 7
},
{
"act_id": 32,
"details": "7. The Collector may also, by a special notice, require any such person to attend before or before any person authorized by the Collector in that behalf, within a specified time, which shall not be less than fifteen days after the service of the notice, at any places, for any of the purposes aforesaid; any every person on whom such special notice may be served shall be legally bound to attend as required by the notice, and to do any of the things mentioned in section 5, and to give any information which may be required, so far as he may be able to give it.",
"name": "Collector may serve special notice",
"related_acts": "",
"section_id": 8
},
{
"act_id": 32,
"details": "8. When any materials or labour shall have been supplied for any of the purposes mentioned in section 5, the Collector or other officer making a requisition under that section shall forthwith cause the price of such materials or labour to be paid to the person by whom the same were supplied.",
"name": "Collector to pay price of materials or labour supplied",
"related_acts": "",
"section_id": 9
},
{
"act_id": 32,
"details": "9. The Collector or other survey-officer authorized by the Collector in that behalf may, by a special notice, require any occupant to clear any boundary or other line which it may be necessary to clear for the purposes of the survey, by cutting down and removing any trees, jungle, fences or standing crops.",
"name": "Collector may require occupants to clear boundary lines",
"related_acts": "",
"section_id": 10
},
{
"act_id": 32,
"details": "10. If any demand for compensation be made in respect of the clearance of any line in accordance with a requisition under the last preceding section, the Collector shall ascertain and record the nature and estimated value of any trees, jungle, fences or standing crops which may have been cut down or removed, and shall offer adequate compensation to the owners thereof, together with payment for all expenses incurred in carrying out the said requisition.",
"name": "Compensation",
"related_acts": "",
"section_id": 11
},
{
"act_id": 32,
"details": "Any person so called upon who may object to sign the maps and papers as aforesaid shall be required to state his objections in writing, and such statement shall be attached to the record of the demarcation of the village or tract and shall be submitted to the Collector together with the maps and papers.",
"name": "Statement of objections",
"related_acts": "",
"section_id": 12
},
{
"act_id": 32,
"details": "11. When the demarcation of a village or other convenient tract has been completed, the amin or other survey-officer shall, before sending in to the Collector the maps and papers relating thereto, by a general notice, in which the names of all persons required to appear shall be specified, and which shall be posted up at a convenient place in the village or tract, call upon all persons who have pointed out any boundaries in such village or tract on behalf of those interested to attend before him within three days of the publications of the said notice for the purpose of inspecting the maps, field books and similar papers in which any boundary pointed out by any such person has been represented, and, by signing such maps and papers, to certify that the boundaries have been laid down in accordance with the boundaries pointed out by them; and every person so called upon shall be legally bound to attend before such amin or survey-officer, and to inspect the papers, in accordance with such requisition.",
"name": "Amin or survey-officer to call upon persons to sign maps or papers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 32,
"details": "The signature affixed to any maps or papers under this section shall be in attestation of the fact that the boundaries thereon represented or any of them have been represented in accordance with those pointed out by the person signing ; and the affixing of such signature shall not be held to prejudice the right of any person interested to make any objection to such boundaries on any other ground before the Collector under the next succeeding section.",
"name": "Effect of signature",
"related_acts": "",
"section_id": 14
},
{
"act_id": 32,
"details": "12. On receipt in the Collector's office of the maps or papers showing any boundaries which have been demarcated, the Collector shall cause a notification to be posted in his office, and in such other places as he may think proper, informing all persons concerned that the maps and papers relating to the boundaries in the village or tract specified are open to inspection; and requiring any person who may have any objections to prefer, to prefer such objections within six weeks of the date of the posting of such notification, after which time the Collector will proceed finally to confirm the boundaries as laid down for the purpose of the survey.",
"name": "On receipt of maps, Collector to post notification in office",
"related_acts": "",
"section_id": 15
},
{
"act_id": 32,
"details": "Provided that, if within the time specified any such duly authorised agent deposits with the Collector the necessary expenses of making copies of the said maps or papers, the Collector shall order such copies to be prepared, and as soon as they are prepared shall cause a notice to that effect to be posted at his office, and the said agent shall be allowed such time as may be specified in such notice, not being less than fifteen days from the posting thereof, for the purpose of signing or of giving in a written statement of objections.",
"name": "If agent deposits expenses of making copies, Collector to order them to be prepared",
"related_acts": "",
"section_id": 16
},
{
"act_id": 32,
"details": "When a written statement of objections has been given in, as in this section provided, the Collector, after holding any further inquiry which he may deem necessary, shall pass such order in respect of such objections as to him shall seem fit; and, if the objections shall seem to him not to be well-founded, shall direct that all expenses of such further inquiry, and all expenses entailed on any other person by such inquiry, shall be recovered from the person who made the objection.",
"name": "Procedure when objection is stated",
"related_acts": "",
"section_id": 17
},
{
"act_id": 32,
"details": "Whenever the Collector shall have reason to believe (either from the failure of any person interested or his representatives to sign the maps and papers on the spot when required by the survey-officer to do so under the last preceding section, or for any other reason) that any zamindar or person interested is likely to object to any boundary as laid down or as represented in the said papers, the Collector shall issue a special notice, requiring such zamindar or other person to attend personally or by duly authorized agent before him, or before any person authorized by the Collector in that behalf, within a specified time, which shall not be less than one month after the service of the notice, for the purpose of signing and thereby admitting the correctness of any maps or other papers which have been prepared under this Act in respect of any boundary in which such zamindar or other person is interested, or of stating in writing the substance of any objection which he may wish to prefer against the correctness of such maps or papers; and, if any person so summoned shall fail to attend and to sign the said maps or papers, or to give in a written statement of his objections within the time prescribed, the Collector may proceed finally to confirm the boundaries as represented in such maps and papers, for the purposes of the survey and of this Act:",
"name": "Collector when to issue special notice",
"related_acts": "",
"section_id": 18
},
{
"act_id": 32,
"details": "13. Whenever any person, having failed to sign the maps and papers, or to give in his objections in writing within the time prescribed by the notification or by the special notice mentioned in the last preceding section, shall, at any time before the Collector has finally confirmed the boundaries for the purposes of the survey, prefer any subsequent objection against the correctness of any maps or papers in respect of which notification or notice was issued, the Collector shall require him to deposit the estimated costs of any further inquiry which it may be necessary to make in respect of his objection; and, if the said person shall fail to deposit such costs within the time specified by the Collector, he shall be deemed for all purposes of this Act to have admitted the correctness of the said maps and papers. If the costs of any inquiry which may be deemed necessary be deposited, the Collector shall make such further inquiry at the expense of the person so objecting; and, if the objection shall seem to the Collector not to be well-founded, he may pass such order as he shall think fit in respect of the recovery from the objector of any sum expended by the Collector on the inquiry in excess of the sum deposited, and of any necessary expenses incurred by any other persons on account of such inquiry: Provided that no person so making an objection after the prescribed time shall, under any circumstances, be entitled to recover the expenses which he is required to deposit before any further inquiry is made in respect of such subsequent objection.",
"name": "Person making subsequent objection may be required to deposit costs of further inquiry",
"related_acts": "",
"section_id": 19
},
{
"act_id": 32,
"details": "13A. The Government may, whenever it shall think fit, order that a survey shall be made to determine the extent of erosion along the banks of any river or the extent of accretion, reformation or new formation caused from time to time due to fluvial action of any river in any district, part of a district or local area.",
"name": "Government may order survey to determine the extent of erosion, accretion and new formation",
"related_acts": "",
"section_id": 20
},
{
"act_id": 32,
"details": "13C. \tThe provisions of sections 6, 7, 8, 9 and 10 shall, mutatis mutandis, apply to a survey carried out under this Part as they apply to a survey carried out under Part II.",
"name": "Entering upon lands, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 32,
"details": "13B. (1) Before entering on any land for the purpose of survey under section 13A, the Collector shall cause to be published mouzawar a proclamation addressed to the residents of the villages and the occupants of the land where the extent of erosion along the banks of any river or the extent of accretion, reformation or new formation due to fluvial action of any river is about to be determined calling upon them to attend before the Collector or any officer authorized by him in that behalf, at such place and at such time as shall be stated in the proclamation, for the purpose of pointing out the extent of erosion, accretion, reformation or new formation and of rendering such aid as may be necessary and of affording of such information as may be required. (2) Such proclamation shall be published by posting a copy thereof at the Police-station and the Tahsil Office within the jurisdiction of which any portion of the land about to be surveyed is situated and at such other place or places as the Collector may direct.",
"name": "Collector to publish proclamation before entering on lands",
"related_acts": "",
"section_id": 22
},
{
"act_id": 32,
"details": "13D. When the extent of erosion along the banks of any river has been determined by survey after issue of a proclamation under sub-section (1) of section 13B, the amin or other survey officer engaged for the purpose shall show the same by drawing diluvion lines on the latest survey maps of the mauzas concerned noting the year of diluvion at both ends of such diluvion lines and shall send to the Collector the maps and all papers relating thereto after signing them legibly giving designation and date; and the amin or other survey officer engaged for the purpose of survey of accretions, reformations or new formations, as the case may be, shall show the periphery of the same on traverse sheets, and shall send to the Collector these traverse sheets, and all papers relating thereto after signing them legibly giving designation and date.",
"name": "Drawing of diluvion line on the latest survey maps, etc.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 32,
"details": "13E.(1) On receipt of the maps showing the diluvion lines thereon or the traverse sheets relating to the survey of accretions, reformations and new formations and other papers relating thereto, the Collector shall cause a notice to be posted in his office, and in such other places as he may think proper, informing all persons concerned that the maps showing the diluvion lines and the traverse sheets showing the peripheries of accretions, reformations and new formations in respect of a village or tract specified are open to inspection, and requiring any person, who may have any objection in respect thereof, to prefer such objections within thirty days of the date of the posting of such notice. (2) If any objections have been filed, the Collector, after hearing the persons concerned and holding such further enquiry as he may deem necessary, shall pass such order in respect of such objections as he may deem fit. (3) \tAfter the disposal of objections under sub-section (2) or, where no objections have been filed, after expiry of the time fixed for filing objections, the Collector shall, so far as the diluvion lines are concerned, confirm the same as shown in the maps and such confirmation shall be evidence of the fact that the diluvion lines drawn and the year of diluvion noted on the maps are correct and shall, so far as the survey of accretions, reformations and new formations are concerned, furnish a certificate on the traverse sheets in such form and manner as may be prescribed by the Government.",
"name": "On receipt of maps or traverse sheets, Collector to invite objections",
"related_acts": "",
"section_id": 24
},
{
"act_id": 32,
"details": "14. The Collector may cause to be erected temporary boundary-marks of such materials, and in such number and manner, as he may direct, on any lands to be surveyed under this Act; and may require any occupant of land to maintain and keep in repair such marks or any boundary-marks, until any survey operation shall be concluded and a final award given as to any disputed boundary, or until permanent boundary-mark may be erected in lieu thereof as hereinafter provided.",
"name": "Collector may erect temporary Boundary-marks",
"related_acts": "",
"section_id": 25
},
{
"act_id": 32,
"details": "15. The Collector may at any time cause to be erected on any land which is to be, or which has been, surveyed under this Act, permanent boundary-marks of such materials, and in such number and manner, as he may determine to be sufficient to distinguish the boundaries of the estates, tenures, mouzas or fields for which the same are to be erected:",
"name": "Collector may erect permanent boundary-marks",
"related_acts": "",
"section_id": 26
},
{
"act_id": 32,
"details": "Provided that, seven days before he proceeds to the erection of any permanent boundary-marks, the Collector shall, for the information of all concerned, cause to be posted in his office, and in the mal-cutcharry or at some other convenient place on every estate concerned, a specification of the number and character of the marks which he proposes to erect on the estate and an estimate of their cost.",
"name": "Specification of marks and estimate of cost to be posted",
"related_acts": "",
"section_id": 27
},
{
"act_id": 32,
"details": "16. All expenses incurred by the Collector in erecting temporary or permanent boundary-marks under this Act, shall, in manner hereinafter provided, be apportioned among, and levied from, the zamindars and tenure-holders on their estates: Provided that no tenure-holder shall be liable to pay any portion of the expenses incurred by the erection of boundary-marks on an estate, unless some portion of his tenure is situated within fifteen hundred feet of some such boundary-mark.",
"name": "Apportionment of expenses",
"related_acts": "",
"section_id": 28
},
{
"act_id": 32,
"details": "17. All lands held without payment of rent, not being entered on the Collector's register of revenue-free tenures of the district, shall, for the purposes of this Act, be deemed to form a part of the tenure within the local boundaries of which they may be included; and if they be not included within the local boundary of any tenure, then to be a part of the estate within the local boundaries of which they are included, and if they be not included within the local boundaries of any one estate, then to be a part of such conterminous estate as the Collector in whose district such conterminous estate is situated shall, by an order under his seal, appoint: Provided that no rent-free holding of which the annual value is less than five taka shall be liable to pay any portion of the expenses of erecting boundary-marks under this Act.",
"name": "Rent-free lands deemed part of tenure",
"related_acts": "",
"section_id": 29
},
{
"act_id": 32,
"details": "18. If any occupant on whom a requisition has been made under section 14 fails to maintain or keep in repair any temporary boundary-mark, the Collector may maintain, keep in repair or restore any such boundary-mark, and the expenses thereby incurred shall be recovered as provided in section 57 from the person so failing to maintain or keep in repair any such boundary-mark.",
"name": "Procedure when occupant fails to maintain boundary-mark",
"related_acts": "",
"section_id": 30
},
{
"act_id": 32,
"details": "19. Every zamindar, tenure-holder and farmer of land shall be legally bound to preserve, as far as lies in his power, such of the permanent boundary-marks lawfully erected on his estate, tenure or farm, or on the boundary between his estate, tenure or farm, and any other estate, tenure or farm, as may be assigned to him in that respect entirely, or jointly with other persons, under the provisions of section 29, and shall give immediate notice to the Collector if any such marks are injured, destroyed or removed, or require repairs.",
"name": "Zamindar, etc., bound to preserve boundary-marks and give notice to Collector when injured",
"related_acts": "",
"section_id": 31
},
{
"act_id": 32,
"details": "20. Whenever it shall come to the notice of the Collector that any permanent boundary-mark erected under the provisions of this Act has been injured, destroyed or removed, or requires repairs, the Collector may cause such boundary-mark to be re-erected, restored or repaired, and may recover any expenses incurred in respect of such re-erection, restoration or repair, in such proportions as he shall think fit, from the zamindars and tenure-holders to whom such boundary-mark may have been assigned in that respect under the provision of section 29; and all such expenses shall be recoverable as provided in section 57.",
"name": "Collector may re-erect injured boundary-marks and recover expenses from zamindars, etc.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 32,
"details": "21. Nothing contained in this Act shall be held to prohibit the Collector from causing any temporary or permanent marks to be erected, maintained or repaired by any occupant of land under the directions of the said Collector, and with the consent of such occupant. The Collector shall repay to such occupant the expenses incurred in such erection or repair, and such expenses shall be apportioned and recovered as provided in Part IV.",
"name": "Collector may cause boundary mark to be erected by occupant of land with his consent",
"related_acts": "",
"section_id": 33
},
{
"act_id": 32,
"details": "22. Upon the completion of the erection of boundary-marks on any tract of land of which the survey may have been ordered, or on any convenient portion thereof, the Collector shall forthwith prepare a statement of all expenses incurred in respect of such boundary-marks.",
"name": "Collector to prepare statement of expenses in respect of boundary-marks",
"related_acts": "",
"section_id": 34
},
{
"act_id": 32,
"details": "23. Such statement shall show the total number of marks of each description which have been erected on such tract or portion of such tract, the aggregate cost of erecting all the mark of each description, the names of the estates and mouzas within, or on the boundaries of, which any marks been erected, and the total number of marks of each description erected within or on the boundary of each estate.",
"name": "Contents of statement",
"related_acts": "",
"section_id": 35
},
{
"act_id": 32,
"details": "24. Upon the completion of such statement the Collector shall provisionally apportion the aggregate expenses of erecting the marks among the estates specified, with reference to the number of boundary-marks of each description which have been erected within or on the boundary of each estate",
"name": "Collector to apportion cost of erecting marks among estates",
"related_acts": "",
"section_id": 36
},
{
"act_id": 32,
"details": "25. So soon as the provisional apportionment shall have been made as required by the last preceding section, the Collector shall cause a notice to be served on the zamindar of every estate on which the expenses have been apportioned– (a)\tspecifying the sum which has been apportioned on his state, and, as far as can be calculated the sum which he will be required to pay on account of the service of notices on him under this section and section 29; (b)\tinforming him that the said statement is open to inspection in the office of the Collector; (c)\tcalling on him to appear in person, or by agent properly authorised, at the office of the Collector on a date to be specified in the notice (not being less than two months after the issue of the notice), on which date the Collector will proceed to consider any objections which may be made to the provisional apportionment of expenses; (d)\twarning him that if he does not appear on the date fixed in pursuance of the notice, he will be deemed to have waived all objections, to the share of the expenses apportioned to his estate; and (unless as otherwise hereinafter provided in sections 31, 32 and 33); (e)\tinforming him that, under this Act, he is entitled to recover a portion of the amount which shall be finally made payable in respect of his estate under section 26, from such tenure-holders on his estate as are made liable to bear a portion of such expenses by sections 16 and 17 (of which sections a copy shall be annexed to the notice); and that in order to enable the collector to apportion the said amount among the said tenure-holders, he may give in a list of all such tenures, as defined in this Act, held directly from him, with a specification of the number of boundary-marks of each description which are erected within or on the boundary of each tenure; (f)\tand warning him that if he fails to give in a list of tenures as aforesaid on or before the said date, he will be deemed to have given up all claim to recover from the tenure-holders any part of the amount for which he may be held liable under section 26.",
"name": "Notice to be served",
"related_acts": "",
"section_id": 37
},
{
"act_id": 32,
"details": "26. On the date fixed in such notice the Collector shall proceed to consider all objections which may be made to the provisional apportionment, and to make such final apportionment of the expenses shall seem to him fit. In making such final apportionment the costs of serving all notices under section 25 shall be distributed rateably among the estates concerned, in proportion to the share of the expenses of erecting boundary-marks which may be apportioned to each estate; and the amount so finally apportioned as payable in respect of each estate, together with the costs of serving notices, rateably distributed as aforesaid, shall be due to the Collector from the zamindars of such estates.",
"name": "Collector to make final apportionment",
"related_acts": "",
"section_id": 38
},
{
"act_id": 32,
"details": "27. Notwithstanding anything contained in the last preceding section, the Collector may postpone the final apportionment if it shall appear to him that a notice under section 25 has not been served on the zamindar of any estate which should be made liable for a portion of the expenses, or for any other sufficient reason.",
"name": "Collector may postpone final apportionment",
"related_acts": "",
"section_id": 39
},
{
"act_id": 32,
"details": "28. Any zamindar failing to appear on the date fixed in the notice served on him under section 25 will be deemed to have waived all objections to the payment of the amount apportioned to his estate, and will not be entitled to prefer any objections thereto on any subsequent date; and any zamindar failing to give in a list of tenures ( when called upon under section 25 to give in such list), on or before such date, will be deemed to have given up all claim to recover from the tenure-holders any part of the amount which may have been apportioned as payable in respect of his estate under section 26.",
"name": "Zamindar failing to appear deemed to have waived objections",
"related_acts": "",
"section_id": 40
},
{
"act_id": 32,
"details": "The notice issued under this section shall assign to the zamindar, or to the zamindar jointly with tenure-holders, the boundary-marks which they are legally bound to preserve under the provisions of section 19, and in respect of which they will be held liable to pay the costs of re-erection, maintenance and repair, under the provisions of section 20.",
"name": "Notice shall assign boundary-marks which zamindars are bound to preserve",
"related_acts": "",
"section_id": 41
},
{
"act_id": 32,
"details": "29. So soon as the expenses shall have been finally apportioned under section 26 among the estates concerned as hereinbefore provided, the Collector shall issue a notice in respect of every estate, specifying the amount finally apportioned as payable in respect of the estate, and requiring the zamindars to pay such amount to the Collector, together with the costs of serving such notice, within one month of the issue of the notice. If such amount be not paid to the Collector within such period, the same, with interest, at such rate, not exceeding six per centum per annum, as the Government may from time to time determine, may be levied as provided in section 57.",
"name": "Collector to issue notice specifying amount finally apportioned",
"related_acts": "",
"section_id": 42
},
{
"act_id": 32,
"details": "30. If the zamindar of any estate shall give in a list of tenures, as referred to in section 25, with an application to the Collector to apportion between his estates and the tenures the amount which has been apportioned as payable in respect of his estates as aforesaid, the Collector shall proceed to make a provisional apportionment of the said amount between the zamindar and the tenure-holders, to serve notices on the said tenure-holders in the manner provided in section 25, and to make a final apportionment among the said zamindar and tenure-holders in the manner provided in section 26 and 27; and the provisions of section 28 shall be applicable to such tenure-holders:",
"name": "Collector to apportion between zamindar and tenure-holders",
"related_acts": "",
"section_id": 43
},
{
"act_id": 32,
"details": "Provided that no separate notice shall be served under this section in respect of the provisional or final apportionment of the sum payable in respect of any tenure, if such sum be less than two taka; but in respect of all such sums it shall be sufficient to publish a list showing the sums apportioned as payable. Such list shall be published by being posted at the office of the subdivisional officer and at a conspicuous place in some village within which lands appertaining to the tenure are situate.",
"name": "No separate notice in respect of apportionment of sum less than two taka",
"related_acts": "",
"section_id": 44
},
{
"act_id": 32,
"details": "31. \tNotwithstanding anything in this Part contained, whenever the Collector may consider that he has sufficient information (whether derived from papers compiled for the purposes of the road-cess, from inquiries made in the course of proceedings under this Act, or otherwise) to enable him in a summary way to make an apportionment of any expenses recoverable under this Act in respect of any estate, between the zamindars of, and the holders of, tenures in such estate, the Collector may, as soon as possible after he shall have made a provisional apportionment under section 24 of the sum payable in respect of such estate, and without calling on the zamindar to give in any list of tenures as provided in clause (e) of section 25, proceed to make a provisional apportionment between the zamindars and the tenure-holders of such estates of the sum which has been provisionally apportioned under section 24 as payable in respect of the estate.",
"name": "Summary apportionment between zamindar and tenure-holders",
"related_acts": "",
"section_id": 45
},
{
"act_id": 32,
"details": "32. Whenever any provisional apportionment of the sum payable between the zamindars and the tenure-holders may have been made summarily, as provided in the last preceding section, the notice to be served on the zamindar under section 25 shall inform the zaminder, in addition to the particulars specified in clauses (a), (b), (c) and (d) of the said section, and instead of those specified in clauses (e) and (f), that under this Act he is entitled to recover a portion of the amount which shall be finally apportioned as payable in respect of his estate under section 26 from the tenure-holders on his estate; and that the Collector has made a provisional apportionment of the said sum between the zamindar and tenure-holders according to a list which shall be annexed to the said notice; and shall warn him- that if he fails to prefer any objection to such provisional apportionment on or before the date specified, he will be deemed to have given up all right to prefer any such objection at any future time; and that the Collector will proceed to make such apportionment final, or to make any modifications in it which he may think fit: Provided that the sum finally made payable by the zamindar shall not exceed the sum apportioned upon him in the said provisional apportionment between the zamindars and the tenure-holders.",
"name": "Notice to zamindar when provisional apportionment made summarily",
"related_acts": "",
"section_id": 46
},
{
"act_id": 32,
"details": "33. As soon as a provisional apportionment between the zamindar and the tenure-holders shall have been made summarily as provided in section 31, the Collector shall proceed to serve notices on the tenure-holders concerned in the manner provided in section 30, and to do all other things as if the said provisional apportionment upon tenure-holders had been made on a list given in by the zamindar under section 30.",
"name": "Procedure on provisional apportionment",
"related_acts": "",
"section_id": 47
},
{
"act_id": 32,
"details": "34. In apportioning the amount among the zamindars and the tenure-holders the Collector shall first deduct such sum as he shall consider to be fairly payable by the zamindar in respect of lands not included in any tenure, and respect of his interest in lands which are included in tenures; and in apportioning the remainder among the tenures he shall take into consideration the number of pillars erected within or on the boundary of each tenure, the extent of each tenure, and the distance at which it is situated from the boundary-marks; but no tenure shall be made liable for any portion of the sum so apportioned, unless some part of it be situated within fifteen hundred feet from some boundary-mark.",
"name": "Mode of apportionment among tenures",
"related_acts": "",
"section_id": 48
},
{
"act_id": 32,
"details": "35. \tSo soon as the final apportionment among tenure-holders under section 30 shall be completed, the Collector shall cause to be issued notices to each of the said tenure-holders stating the amount payable in respect of each of their tenures, with interest (if any ) calculated at the annual rate of six per centum from the date on which the zamindar paid to the Collector the sum which was apportioned on his estate under section 26, and the cost of serving upon the tenure-holder the notice under this section and calling upon him to pay the total amount so due to the zamindar of the estate of which the tenure is a part, within one month of the date of the notice:",
"name": "Notice of apportionment in respect of tenures",
"related_acts": "",
"section_id": 49
},
{
"act_id": 32,
"details": "Provided that no separate notice shall be served under this section on any tenure-holder who is required to pay a sum of less than two taka as his share of the expenses apportioned under this Act; but in respect of such sums it shall be sufficient to publish a list in the manner prescribed by section 30, and no costs incurred in respect of publication of any such list shall be recoverable from any person mentioned therein as liable to pay less than two taka.",
"name": "No separate notice to tenure-holder required to pay less than two taka",
"related_acts": "",
"section_id": 50
},
{
"act_id": 32,
"details": "36. Notwithstanding anything contained in section 35, the Collector shall not issue the notices therein mentioned to the tenure-holders until the zamindars concerned shall have deposited with the Collector the full amount of the costs of serving all the notices, and of publishing the lists as required by that section.",
"name": "Collector not to issue notices to tenure-holders until zamindars have deposited costs",
"related_acts": "",
"section_id": 51
},
{
"act_id": 32,
"details": "37. The provisions of sections 25, 26, 27, 28, 29, 30, 34 and 35 shall be applicable, as far as possible, to every case in which any tenure-holder who has been made liable for the payment of any share of expenses under this Act may apply to the Collector to apportion the amount for which he has been made liable between himself and the holders of subordinate tenures direct from himself; and the provisions of sections 31, 32 and 33, regarding the procedure for making a provisional apportionment in a summary way between a zamindar and the tenure-holder on his estate, shall be applicable, as far as possible, to the provisional apportionment of expenses between the holder of a tenure and the holders of under-tenures within his tenure: Provided always that no such apportionment shall be made in respect of raiyats who have a right of occupancy only, and whose rent is not fixed in perpetuity.",
"name": "Apportionment between tenure-holder and holder of subordinate tenure",
"related_acts": "",
"section_id": 52
},
{
"act_id": 32,
"details": "38. Every zamindar or tenure-holder to whom any sum is payable under the preceding sections may recover the same with interest as aforesaid in the manner provided by any law for the time being in force for the recovery of arrears of rent in respect of the tenure for which the sum is due.",
"name": "Recovery of sum payable to zamindars or tenure-holder",
"related_acts": "",
"section_id": 53
},
{
"act_id": 32,
"details": "39. The provisions of this Part shall apply to all sums expended by the Government since the first day of November, 1874, in erecting boundary-marks.",
"name": "Recovery of sums expended by Government",
"related_acts": "",
"section_id": 54
},
{
"act_id": 32,
"details": "40. If it shall come to the notice of the Collector in the course of survey under this Act, that a dispute exists as to any boundary which should be surveyed, the Collector, after holding such inquiry as he may deem necessary, may determine such boundary as hereinafter provided.",
"name": "Procedure in case of disputes as to boundary",
"related_acts": "",
"section_id": 55
},
{
"act_id": 32,
"details": "41. The Collector shall determine the boundary according to actual possession, and cause it to be secured by boundary-marks;",
"name": "Mode of determining boundary",
"related_acts": "",
"section_id": 56
},
{
"act_id": 32,
"details": "and the order of the Collector under this section shall, until it be reversed or modified by competent authority, have the force of an order of any Civil Court declaring the parties to be in possession of the land in accordance with the boundary as determined by the Collector.",
"name": "Force of Collector's order",
"related_acts": "",
"section_id": 57
},
{
"act_id": 32,
"details": "42. If, after holding the necessary inquiry, the Collector is unable to discover which party was in possession of the disputed land when he instituted the inquiry under this section, the Collector may take possession of the land in dispute, and retain possession thereof until some party shall have established his right to the said land.",
"name": "Power of Collector to take possession of land in dispute",
"related_acts": "",
"section_id": 58
},
{
"act_id": 32,
"details": "43. Whenever the Collector thinks it necessary to decide a dispute as to any boundary under the last preceding section, he may, with the consent of the parties concerned, refer the same to arbitration. The procedure laid down in the Arbitration Act, 1940, shall, so far as may be practicable, be applicable, to disputes so referred to arbitration.",
"name": "Power to refer to arbitration",
"related_acts": "",
"section_id": 59
},
{
"act_id": 32,
"details": "44. If the boundary regarding which the dispute exists as mentioned in section 40 shall at any previous time have been determined by any Court of competent jurisdiction, or shall have been laid down and shown on a map in the course of any previous revenue-survey or settlement, and no objection to the boundary as than laid down and mapped shall have been preferred before any authority competent to decide on such objection: whenever the dispute relates to the boundary of an estate which is liable for revenue, or to any other boundary by which the interests of the Government may be affected, the Collector shall, and whenever the disputes relates to any other boundary, the Collector may, if he thinks fit, relay, as nearly as may be possible, the boundary as previously determined or laid down and shown on the map, and cause such boundary to be shown on the survey-map, with an explanatory note to the same: Provided that the relaying and record of a boundary by the Collector under this section shall not affect the possession of any land by any party, and shall be in addition to the determination and record of the boundary according to actual possession required by section 41.",
"name": "Relaying boundary previously determined by Court or by \trevenue-survey",
"related_acts": "",
"section_id": 60
},
{
"act_id": 32,
"details": "Nothing contained in the section shall be held to prohibit the Collector from deviating from a boundary as held by actual possession or as shown on a former map, and laying down a new boundary, if all the parties concerned agree to such new boundary, on the ground that the boundary held by actual possession, or as shown on the former map, was incorrect, and if it appears to the Collector that there is no objection to the adoption of such new boundary. The reason for every such deviation shall be recorded in the Collector's proceedings.",
"name": "Collector may deviate from boundary if parties agree",
"related_acts": "",
"section_id": 61
},
{
"act_id": 32,
"details": "45. If it shall come to the notice of the Collector at any time, or in any manner, that a doubt or dispute exists in respect to any boundary – (a)\twhich has at any time been determined by a competent Court; or (b) \twhich has been laid down and shown on a map, in the course of a previous revenue-survey or settlement, or other proceeding of a revenue officer for any special purpose, and against which no objection has been preferred to any authority competent to decide upon such objection; or (c)\twhich has been laid down by survey under this Act,- the Collector may, if he thinks it desirable for any reason that the boundary so determined or laid down shall be relaid, proceed to relay the boundary in the manner prescribed in section 44 of this Act, and for the purpose of so relaying the boundary he may make any inquiries and surveys which may be necessary, and such inquiries and surveys shall be deemed to be proceedings under section 6, and the Collector shall exercise in respect thereof all powers which he may exercise in respect of inquiries and surveys under that section.",
"name": "Power of Collector in case of doubt or dispute as to \tboundary determined by Court or laid down by survey",
"related_acts": "",
"section_id": 62
},
{
"act_id": 32,
"details": "46. Whenever the Collector shall have determined a boundary which was in dispute, and the order shall have become final, and whenever a boundary which has been supplied by the survey officers, or has been determined under this Act, has been altered by a decree of any Civil Court which has become final, and whenever it shall come to the notice of the Collector that any boundary has been determined by a competent Court or authority, the Collector may cause such marks as he may think fit to be erected in order to secure the boundary permanently, and the provisions of Parts III and IV shall, so far as is possible, be applicable to boundary-marks which are erected under this section and to the apportionment of the cost thereof.",
"name": "In certain cases Collector may cause marks to be erected",
"related_acts": "",
"section_id": 63
},
{
"act_id": 32,
"details": "47. Whenever any estate or tenure is held jointly by two or more zamindars or tenure-holders, all such zamindars and tenure-holders shall be jointly and severally liable in respect of every liability imposed on zamindars or tenure-holder respectively by this Act,\tand any share-holder in any estate or tenure who may have paid the amount finally apportioned to such estate or tenure may recover from his co-sharers such sums as may be payable in respect of their shares as arrears of rent, or may take credit for such sums in any adjustment of accounts between himself and his co-sharers.",
"name": "Joint zamindars subject to every liability imposed on single zamindars",
"related_acts": "",
"section_id": 64
},
{
"act_id": 32,
"details": "48. Every notice in and by this Act required to be served on any person may be served- (1)\tby delivering the same to the person to whom it is directed, or, on failure of such service, by posting the same on some conspicuous part of the house in which the said person resides, or by delivering the said notice to a general agent of the person to whom such notice is directed; or (2)\tby sending a registered letter containing such notice directed to the said person at his usual place of abode, or to the place where he may be known to reside; or (3)\tby posting a copy of the notice at any mal-cutchery of the estate or tenure of the person to whom the notice is directed; or if no such mal-cutchery be found, on some conspicuous place on the said estate or tenure to which such notice relates, and by delivering, in the case of estates paying their annual revenue by four instalments, another copy thereof to any agent who shall have paid an instalment of revenue next after the preparation of such notice. In all cases where two or more persons are holders of an estate or tenure, service of notice under this clause shall be deemed to be good and sufficient service on each and all of such persons.",
"name": "Service of notice",
"related_acts": "",
"section_id": 65
},
{
"act_id": 32,
"details": "49. No proceedings under this Act shall be affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any estate or tenure or land in respect of which he is rendered liable to pay, or by reason of any other informality, provided the directions of this Act be in substance and effect complied with;and on proceedings under this Act shall be affected by reason of the omission to serve any notice on any zamindars whose name is not recorded on the Collector's registers as owner of the estate in respect of which the notice is required to be served.",
"name": "No proceedings under Act affected by mistake or mis-\tdescription",
"related_acts": "",
"section_id": 66
},
{
"act_id": 32,
"details": "50. For the purpose of any inquiry under this Act the Collector shall, in addition to every power conferred specially by this Act, have power to summon and enforce the attendance of witnesses and compel the production of documents by the same means (as far as may be), and in the same manner, as is provided in the case of a Court under the Code of Civil Procedure1908.",
"name": "Power of Collector to enforce attendance of witnesses",
"related_acts": "",
"section_id": 67
},
{
"act_id": 32,
"details": "51. If any person shall fail to comply with a requisition contained in any special notice served under section 7 of this Act, or in any notice served for the purpose of any inquiry under Part V of this Act, within the time specified in such notice, the Collector may impose upon him such daily fine as he may think fit, not exceeding fifty taka, and such fine shall be payable daily until the requisition is complied with; and the Collector may proceed from time to time to levy any amount which has become due in respect of any such fine, notwithstanding that an appeal against the order imposing such fine may be pending: Provided that whenever the amount levied under any such order shall have exceeded five hundred taka, the Collector shall report the case specially to the 7Commissioner of the division and no further levy in respect of such fine shall be made otherwise than by authority of the 8said Commissioner.",
"name": "Daily fine for failure to comply with requisition in notice",
"related_acts": "",
"section_id": 68
},
{
"act_id": 32,
"details": "52. Any person being bound by the provisions of section19 to give notice to the Collector in respect of any boundary-mark having been injured, destroyed or removed, or requiring repairs, who shall fail to give such notice, shall be liable to a fine not exceeding one hundred taka, to be imposed by order of the Collector.",
"name": "Penalty for not giving notice of injury to boundary- mark",
"related_acts": "",
"section_id": 69
},
{
"act_id": 32,
"details": "53. Any person convicted before a Collector of wilfully erasing, removing or damaging any boundary-mark not being a land-mark fixed by the authority of a public servant within the meaning of section 434 of the 9Penal Code which has been lawfully erected, may be ordered by the convicting officer to pay such sum, not exceeding two hundred taka, for each mark so erased, removed or damaged, as the said officer may think fit, in addition to such sum as may be necessary to defray the expense of restoring the boundary-mark so erased, removed or damaged.",
"name": "Penalty for removing boundary-marks",
"related_acts": "",
"section_id": 70
},
{
"act_id": 32,
"details": "54. The Collector may award any portion of a fine imposed under either of the two last preceding sections, and which may be realised, to any person who may have given information leading to the imposition of the fine.",
"name": "Collector may award portion of fine to informer",
"related_acts": "",
"section_id": 71
},
{
"act_id": 32,
"details": "55. A fine under sections 51, 52 and 53 may be levied as far as may be practicable, in the manner provided in sections 386, 387 and 389 of the Code to Criminal Procedure, 1898; but if no movable property belonging to the person from whom the fine is due is found in the district within which the order was passed, then such fine may be levied as if it were an arrear of revenue.",
"name": "Levy of fine",
"related_acts": "",
"section_id": 72
},
{
"act_id": 32,
"details": "56. Whenever the person erasing, removing or damaging any boundary-mark cannot be discovered, or if for any other reason it is found impracticable to recover from him the sum which he has been so ordered to pay, the boundary-mark shall be restored or repaired by the Collector, and the expenses thereby incurred shall be recovered from the occupants, of such of the conterminous lands and in such proportions, as to the Collector may seem fit.",
"name": "When person removing boundary-mark cannot be found, \tCollector may repair",
"related_acts": "",
"section_id": 73
},
{
"act_id": 32,
"details": "57. Every amount which may become due to the Collector under the provisions of this Act in respect of any expenses incurred or of any notices served, or of any costs payable by any party in an appeal, shall be deemed to be a demand.",
"name": "Every amount due deemed a demand",
"related_acts": "",
"section_id": 74
},
{
"act_id": 32,
"details": "Provided that the Government may order that in the course of any survey under this Act, the functions of the 11Commissioner shall be restricted to the decision of appeals under section 60, and that the general powers of control and supervision over the Superintendent of Survey or Collector and their subordinate officers may be exercised by the Government direct.",
"name": "Government may restrict functions of Commissioner",
"related_acts": "",
"section_id": 75
},
{
"act_id": 32,
"details": "58. Except as provided in sections 59 and 60, no appeal shall lie as of right, against any order passed under this Act by any officer; but the proceedings and orders of Assistant Superintendents and of Deputy Collectors under this Act shall be subject to the supervision and control of the Superintendent of Survey or Collector; the proceedings and orders of the Superintendent of Survey and of the Collector, to the supervision and control of the 12Commissioner of the division; and the proceedings and orders of all officers, to the supervision and control of the Government:",
"name": "Appeal against orders Supervision of proceedings",
"related_acts": "",
"section_id": 76
},
{
"act_id": 32,
"details": "59. An appeal, if presented within one month of the date of the order appealed against, shall lie to the Collector or Superintendent of Survey against every order of a Deputy Collector or of an Assistant Superintendent- (a)\tdetermining under section 8 the amount to be paid as the price of materials or labour supplied; (b)\tdetermining under section 10 the amount to be paid as compensation; (c)\tdeciding a boundary-dispute; (d)\timposing a fine under this Act.",
"name": "Appeal against certain orders of Assistant Superintendent \tor Deputy Collector",
"related_acts": "",
"section_id": 77
},
{
"act_id": 32,
"details": "60. An appeal presented within one month of the date of the order appealed against, shall lie to the 13Commissioner of the division against every order of the Collector or Superintendent of Survey- (a)\tdetermining under section 8 the amount to be paid as value of materials or labour supplied: (b)\tdetermining under section 10 the amount to be paid as compensation; (c)\tdetermining a disputed boundary; (d)\timposing a fine of more than fifty taka on any person: Provided that the order appealed against under clauses (a), (b) and (c) shall not have been passed by the Collector or Superintendent of Survey on an appeal preferred against the order of a subordinate officer.",
"name": "Appeal against certain orders of Collector or \tSuperintendent of Survey",
"related_acts": "",
"section_id": 78
},
{
"act_id": 32,
"details": "61. The 14Commissioner, Collector or Superintendent of Survey may pass such orders as they shall think fit in respect of the payment of costs incurred by any party in an appeal.",
"name": "Orders as to costs on appeal",
"related_acts": "",
"section_id": 79
},
{
"act_id": 32,
"details": "62. No suit shall be brought to set aside an order of a Superintendent of Survey, Collector, Assistant Superintendent or Deputy Collector deciding a boundary-dispute, unless an appeal shall have been first preferred under section 59 or section 60, or unless the person suing was at the time when such order was passed a minor, or insane or an idiot.",
"name": "No suit to be brought unless appeal first preferred",
"related_acts": "",
"section_id": 80
},
{
"act_id": 32,
"details": "63. The Government may lay down rules not being inconsistent with this Act,- to provide for the preparation of maps and registers, and for the collection and record of any information in respect of any land to be surveyed under this Act; and generally to provide for the proper performance of all things to be done, and for the regulation of all proceedings to be taken, under this Act. All inquiries ordered to be made for the collection of information under such rules shall be deemed to be inquiries under section 6, and the Collector shall exercise in respect thereof all powers which he may exercise in respect of inquiries under that section.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 81
}
],
"text": "1♣An Act to provide for the survey and demarcation of land. Preamble WHEREAS it is expedient, with a view to the definition and identification of lands, the determination of the extent of erosion along the banks of rivers or the extent of accretion, reformation or new formation due to fluvial action of any river, the better security of landed property and the prevention of encroachments and disputes, to provide for the survey of lands and for the establishment and maintenance of marks to distinguish boundaries; It is hereby enacted as follows:-"
} |
{
"id": 33,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Bangladesh\" was substituted, for the words \"Pakistan\" or \"the Province\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, letters, commas and figure \"Schedule I, Order XXXII of the Code of Civil Procedure, 1908,\" were substituted, for the words and letter \"Chapter XXXI of the Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, commas and figure \"Succession Act, 1925,\" were substituted, for the words, letter and figure \"Indian Succession Act (No. X of 1865)\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)"
],
"name": "The Majority Act, 1875",
"num_of_sections": 4,
"published_date": "2nd March, 1875",
"related_act": [
33,
138,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 33,
"details": "1. This Act may be called the Majority Act, 1875. It extends to the whole of Bangladesh; and it shall come into force and have effect only on the expiration of three months from the passing thereof.",
"name": "Short title, Local extent, Commence-ment and operation",
"related_acts": "33",
"section_id": 1
},
{
"act_id": 33,
"details": "2. Nothing herein contained shall affect- (a)\tthe capacity of any person to act in the following matters (namely),- marriage, dower, divorce and adoption; (b)\tthe religion or religious rites and usages of any class of citizens of Bangladesh; or (c)\tthe capacity of any person who before this Act comes into force has attained majority under the Law applicable to him.",
"name": "Savings",
"related_acts": "",
"section_id": 2
},
{
"act_id": 33,
"details": "3. Subject as aforesaid, every minor of whose person or property or both a guardian, other than a guardian for a suit within the meaning of 2Schedule I, Order XXXII of the Code of Civil Procedure, 1908, has been or shall be appointed or declared by any Court of Justice before the minor has attained the age of eighteen years, and every minor of whose property the superintendence has been or shall be assumed by any Court of Wards before the minor has attained that age shall, notwithstanding anything contained in 3Succession Act, 1925, or in any other enactment, be deemed to have attained his majority when he shall have completed his age of twenty-one years and not before. Subject as aforesaid, every other person domiciled in Bangladesh shall be deemed to have attained his majority when he shall have completed his age of eighteen years and not before.",
"name": "Age of majority of persons domiciled in Bangladesh",
"related_acts": "86,138",
"section_id": 3
},
{
"act_id": 33,
"details": "4. In computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of section 3, at the beginning of the eighteenth anniversary of that day. Illustrations (a) \tZ is born in Bangladesh on the first day of January, 1949, and has a Bangladesh domicile. A guardian of his person is appointed by a Court of Justice. Z attains majority at the first moment of the first day of January, 1970. (b) Z is born in Bangladesh on the twenty-ninth day of February, 1948 and has a Bangladesh domicile. A guardian of his property is appointed by a Court of Justice. Z attains majority at the first moment of the twenty-eighth day of February, 1969. (c)\tZ is born on the first day of January, 1948. He acquires a domicile in Bangladesh. No guardian is appointed of his person or property by any Court of Justice, nor is he under the jurisdiction of any Court of Wards. Z attains majority at the first moment of the first day of January, 1966.",
"name": "Age of majority how computed",
"related_acts": "",
"section_id": 4
}
],
"text": "1♣An Act to amend the law respecting the age of majority Preamble WHEREAS, in the case of persons domiciled in Bangladesh, it is expedient to prolong the period of nonage, and to attain more uniformity and certainty respecting the age of majority than now exists; It is enacted as follows:-"
} |
{
"id": 34,
"lower_text": [
"1 The words \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Third paragraph of section 1 was substituted, for the original third paragraph by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"on or after the said day\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"the Supreme Court\" were substituted, for the words \"any High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Government\" was substituted, for the words \"a Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Law Reports Act, 1875",
"num_of_sections": 6,
"published_date": "13th October, 1875",
"related_act": [
34,
430
],
"repelled": false,
"sections": [
{
"act_id": 34,
"details": "1. This Act may be called the Law Reports Act, 1875.",
"name": "Short title",
"related_acts": "34",
"section_id": 1
},
{
"act_id": 34,
"details": "It extends to the whole of 1Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 34,
"details": "2And it shall come into force at once.",
"name": "Commencement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 34,
"details": "2. Repealed by the Repealing Act, 1876 (Act No. XII of 1876).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 34,
"details": "3. No Court shall be bound to hear cited, or shall receive or treat as an authority binding on it, the report of any case decided 3* * * by 4the Supreme Court, other than a report published under the authority of 5Government.",
"name": "Authority given only to authorizedreports",
"related_acts": "",
"section_id": 5
},
{
"act_id": 34,
"details": "4. Nothing herein contained shall be construed to give to any judicial decision any further or other authority than it would have had if this Act had not been passed.",
"name": "Authorityof judicialdecisions",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act for the improvement of Law Reports. Preamble Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937."
} |
{
"id": 35,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Irrigation Act, 1876",
"num_of_sections": 122,
"published_date": "29th March, 1876",
"related_act": [
35,
30,
430,
23,
21,
86,
22,
88,
24,
26,
27,
28,
29,
25
],
"repelled": false,
"sections": [
{
"act_id": 35,
"details": "1. This Act may be called the 2* * * Irrigation Act, 1876;",
"name": "Short title",
"related_acts": "35",
"section_id": 1
},
{
"act_id": 35,
"details": "It shall take effect in those districts in Bangladesh to which the Government shall extend it by an order published in the official Gazette; and shall commence on the day which shall be in such order provided for the commencement thereof.",
"name": "Local extent\tCommencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 35,
"details": "2. Repealed by the Amending Act, 1903 (Act No. I of 1903).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 35,
"details": "3. In this Act, unless there be something repugnant in the subject or context, (1) \"canal\" includes- (a) \tall canals, channels and reservoirs hitherto constructed, maintained or controlled by Government for the supply or storage of water, or which may hereafter be so constructed, maintained or controlled; (b)\tall works, embankments, structures, supply and escape-channels connected with such canals, channels or reservoirs; (c)\tall village-channels as defined in clause (2) of this section; (d)\tall drainage-works as defined in clause (3) of this section; (e)\tany part of a river, stream, lake, natural collection of water or natural drainage-channel to which the Government has applied the provisions of Part II of this Act, or of which the water has been applied or used before the passing of this Act for the purpose of any existing canal; (f)\tall lands on the banks of any canal as defined in articles (a), (b), (c), (d) and (e) of this clause, which have been acquired by Government: (2) \t\"village-channel\" means any channel by which water is led from a canal directly in to the fields to be irrigated, and includes all subsidiary works connected with any such channel, except the sluice or outlet through which water is supplied from a canal to such channel: (3) \t\"drainage work” means any work in connection with a system of irrigation which has been or may hereafter be made or improved by the Government for the purposes of the drainage of the country, whether under the provisions of Part IV of this Act or otherwise, and includes escape-channels from a canal, dams, weirs, embankments, sluices, groins and other works connected therewith, but does not include works for the removal of sewage from towns: (4) \t\"flood-embankment\" means any embankment constructed or maintained by the Government in connection with any system of irrigation-works for the protection of lands from inundation, or which may be declared by the Government to be maintained in connection with any such system; and includes all groins, spurs, dams and other protective works connected with such embankments: (5) \t\"Collector\" means the head revenue officer of a district, and includes any officer appointed by the Government to exercise all or any of the powers of a Collector under this Act: (6) \t\"Court\" means principal Civil Court of original jurisdiction: unless when the Government has appointed (as it is hereby empowered to do), either specially for any case, or generally within any specified local limits, a judicial officer to perform the functions of a Judge under this Act, and then the expression \"Court\" means the Court of such officer: (7) \t\"canal-officer\" means an officer appointed under this Act to exercise control or jurisdiction over a Canal or any Part thereof; and includes every officer to whom any of the functions of a canal-officer under this Act have been assigned by the Government: (8) \t\"section\" means a section of this Act: (9) \t\"owner\" includes every person having a joint interest in the ownership of the thing specified; and all rights and obligations which attach to an owner under the provisions of this Act shall attach jointly and severally to every person having such joint interest in the ownership.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 35,
"details": "4. Nothing contained in the 3* * * Embankment and Drainage Act, 1952, shall apply to any canal or flood embankment as defined in this Act.",
"name": "Exemption from Embankment and Drainage Act",
"related_acts": "",
"section_id": 5
},
{
"act_id": 35,
"details": "5. The Government may from time to time declare by notification in the official Gazette, the officers by whom, and the local limits within which, all or any or the powers or duties hereinafter conferred of imposed shall be exercised or performed.",
"name": "Power to appoint officers",
"related_acts": "",
"section_id": 6
},
{
"act_id": 35,
"details": "6. Whenever it appears expedient to the Government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection of still water, should be applied or used by the Government for the purpose of any existing or projected canal,\tthe Government may, by notification in the official Gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.",
"name": "Notification when water-supply to be applied for public \tpurposes",
"related_acts": "",
"section_id": 7
},
{
"act_id": 35,
"details": "7. At any time after the day so named, any canal-officer acting under the orders of the Government in this behalf may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.",
"name": "Powers of canal-officer",
"related_acts": "",
"section_id": 8
},
{
"act_id": 35,
"details": "8. As soon as is practicable after the issue of such notification, the Collector shall cause public notice to be given at convenient places stating that the Government intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 11 may be made before him. A copy of sections 11, 12 and 13 shall be annexed to every such notice.",
"name": "Notice as to claims for compensation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 35,
"details": "9. When any claim for compensation is made before the Collector in accordance with the last preceding section, the Collector shall issue a notice requiring all persons interested in the matter in respect of which compensation is claimed to appear personally or by agent before him at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the property affected, and the amount and particulars of their claims to compensation for such interests.",
"name": "Contents of notice",
"related_acts": "",
"section_id": 10
},
{
"act_id": 35,
"details": "The Collector shall also serve notice to the same effect on the occupier (if any) of the land entered on, and on such persons known or believed to be interested in the matter in respect of which compensation is claimed, or to be entitled to act for persons so interested, as reside within his district.",
"name": "Notice to occupiers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 35,
"details": "10. The Collector may also require any person on whom a notice may be served under the last preceding section, and who makes a claim for compensation in accordance therewith, to deliver to him a statement containing, so far as may be practicable, the name of every other person possessing any interest in the property affected or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interests, and of the rents and profits (if any) received or receivable on account thereof for the year next preceding the date of the statement.",
"name": "Power to require statements as to name and interests",
"related_acts": "",
"section_id": 12
},
{
"act_id": 35,
"details": "If any person shall fail to comply within the time fixed by the notice with a requisition made under this section, the Collector may impose upon him such daily fine as he may think fit, not exceeding fifty taka and such fine shall be payable daily until the requisition is complied with, and the Collector may proceed from time to time to levy the amount which has become due in respect of any such fine, notwithstanding that an appeal against the order imposing such fine may be pending: Provided that, whenever the amount levied under any such order shall have exceeded five hundred taka the Collector shall report the case specially to the Commissioner, and no further levy in respect of such fine shall be made otherwise than by authority of the Commissioner.",
"name": "Penalty for failure to comply",
"related_acts": "",
"section_id": 13
},
{
"act_id": 35,
"details": "Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the 4Penal Code.",
"name": "Persons required to make statements legally bound to do so",
"related_acts": "",
"section_id": 14
},
{
"act_id": 35,
"details": "11. No compensation shall be awarded for any damage caused by- (a)\tstoppage or diminution of percolation or floods; (b)\tdeterioration of climate or soil; (c)\tstoppage of navigation, or of the means of rafting timber or watering cattle.",
"name": "Damage for which compensation shall not be awarded",
"related_acts": "",
"section_id": 15
},
{
"act_id": 35,
"details": "But compensation may be awarded in respect of any of the following matters:- (d)\tstoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date of the issue of the notification under section 6; (e)\tstoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification; (f)\tstoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification; (g)\tdamage done in respect of any right to a water-course or the use of any water to which any person is entitled under the Limitation Act, 1908, Part IV; (h)\tany other substantial damage, not falling under any of the above clauses (a), (b) or (c), and caused by the exercise of the powers conferred by this Act, which is capable of being ascertained and estimated at the time of awarding such compensation.",
"name": "Matters in respect of which compensation may be \tawarded",
"related_acts": "88",
"section_id": 16
},
{
"act_id": 35,
"details": "Notwithstanding anything contained in clause (c), compensation may be awarded in respect of the loss of any tolls which were lawfully levied on any river or channel at the time of the issue of the notification mentioned in section 6.",
"name": "Compensation for loss of tolls lawfully levied",
"related_acts": "",
"section_id": 17
},
{
"act_id": 35,
"details": "In determining the amount of compensation under this section, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed; and, where such market value is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual net profits of such property, caused by the exercise of the powers conferred by this Act. No right to any such supply of water as is referred to in clauses (d), (e) or (f) of this section in respect of a work or channel not in use at the date of the notification shall be acquired as against the Government, except by grant or under the Limitation Act, 1908, Part IV.",
"name": "Diminution in market-value to be considered",
"related_acts": "88",
"section_id": 18
},
{
"act_id": 35,
"details": "12. If any supply of drinking-water is substantially deteriorated or diminished by any works undertaken in accordance with a declaration made by the Government under section 6, the canal-officer shall be bound to provide within convenient distance an adequate supply of good drinking-water in lieu of that so deteriorated or diminished, and no person shall be entitled to claim any further compensation in respect of the said deterioration or diminution.",
"name": "Compensation for loss of drinking water",
"related_acts": "",
"section_id": 19
},
{
"act_id": 35,
"details": "13. No claim for compensation for any such stoppage, diminution or damage shall be entertained after the expiration of six months from such stoppage, diminution or damage, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.",
"name": "Limitation of claims",
"related_acts": "",
"section_id": 20
},
{
"act_id": 35,
"details": "14. On the day fixed in the notice mentioned in section 9, the Collector shall proceed to enquire summarily into the claim and to determine the amount of compensation which in his opinion should be allowed therefore, and shall tender such amount to the persons interested who have attended in pursuance of the notice given under section 9.",
"name": "Inquiry into claim and tender of compensation",
"related_acts": "",
"section_id": 21
},
{
"act_id": 35,
"details": "For the purpose of such inquiry the Collector shall have power to summon and enforce the attendance of witnesses and to compel the production of documents by the same means and, as far as may be, in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.",
"name": "Power to summon witnesses",
"related_acts": "86",
"section_id": 22
},
{
"act_id": 35,
"details": "15. The Collector may, if no claimant attends pursuant to the notice, or if for any other cause he thinks fit, from time to time, postpone the inquiry to a day to be fixed by him.",
"name": "Postponement of inquiry",
"related_acts": "",
"section_id": 23
},
{
"act_id": 35,
"details": "16. If the Collector and the persons interested agree as to the amount of compensation to be allowed, the Collector shall make an award under his hand for the same.",
"name": "Award in case of compensation being agreed on",
"related_acts": "",
"section_id": 24
},
{
"act_id": 35,
"details": "Such award shall be filed in the Collectors office, and shall be conclusive, as between the Collector and the persons interested, of the value of the said property and the amount of compensation allowed for the same.",
"name": "Award to be filed and to be evidence",
"related_acts": "",
"section_id": 25
},
{
"act_id": 35,
"details": "17. If the Collector and the persons interested do not agree as to the amount of compensation to be allowed, or if upon the said inquiry any question respecting the title to the property of which the value has been diminished, or any right thereto, or interest therein, arises between or among two or more persons making conflicting claims in respect thereof, the Collector shall refer the matter to the determination of the Court in manner hereinafter provided.",
"name": "Collector to refer matter to Court when compensation not accepted",
"related_acts": "",
"section_id": 26
},
{
"act_id": 35,
"details": "18. If, when the Collector proceeds to make the inquiry as mentioned in sections 14 and 15, no claimant attends, or if any person whom the Collector has reason to think interested does not attend, the Collector shall hold a proceeding and record the following particulars:- (a)\tthe nature and extent of the property of which the value has been diminished and in respect of which compensation is claimed, and the character an extent of the damage done; (b)\tthe names of the persons whom he has reason to think interested in such property; (c)\tthe amount fixed by him as compensation; and (d)\tthe grounds on which such amount was determined;",
"name": "Collector to record particulars in certain cases",
"related_acts": "",
"section_id": 27
},
{
"act_id": 35,
"details": "and shall place the amount so fixed by him in deposit, there to be held on account of the persons interested, and shall issue a notice to a persons believed to be interested, informing them that the said amount has been deposited as required by the section, and that, should no application be made to the Court (as provided in the next succeeding section) within six weeks of the issue of the notice on the last of the persons named therein, the Collector will pay the amount to any persons legally authorized to receive and to give an acquittance for the same.",
"name": "And to place amount of compensation in deposit",
"related_acts": "",
"section_id": 28
},
{
"act_id": 35,
"details": "19. Any person on whom notice may be served under the same last preceding section, and any person interested in any property in respect of which such notice has been issued, may, within six weeks of the service of such notice, apply to the Court stating his objection to the amount of compensation as fixed by the Collector under the last preceding section, and the amount which he claims as compensation. On receipt of such application the Court shall proceed to determine the amount of compensation to be paid on account of the claim and all other matters, as if a reference had been made to it under section 17.",
"name": "Objections to amount of compensation fixed by Collector",
"related_acts": "",
"section_id": 29
},
{
"act_id": 35,
"details": "20. In making reference under section 17 the Collector shall state, for the information of the Court, the particulars mentioned in section 18.",
"name": "Procedure in making reference",
"related_acts": "",
"section_id": 30
},
{
"act_id": 35,
"details": "21. On receipt of a reference under section 17 the Court shall proceed, as far as may be practicable, in accordance with sections 20 to 22 and 25 to 28 of the Land Acquisition Act, 1894: Provided that, instead of sub-section (3) of section 25 of the said Act, the following shall be read:- “The provisions of this section and of section 11 of the 5* * * Irrigation Act, 1876, shall be read to every assessor in a language which he understands, before he gives his opinion as to the amount of compensation to be awarded”.",
"name": "Procedure on receipt of reference under section 17",
"related_acts": "35",
"section_id": 31
},
{
"act_id": 35,
"details": "22. Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, whether such award be made by the Collector or by the Court, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.",
"name": "Particulars of apportionment to be specified",
"related_acts": "",
"section_id": 32
},
{
"act_id": 35,
"details": "23. When the amount of compensation has been settled under section 16, if any dispute arises as to the apportionment of the same or any part thereof, the Collector shall refer such dispute to the decision of the Court. All costs entailed by such a reference, and the proceedings of the Court thereon, shall be paid by the parties who dispute the apportionment of the compensation, in such proportions as the Court may direct, and the Collector shall not be required to disburse any such costs, nor shall any such costs be recovered, from the Collector.",
"name": "Disputes as to apportionment",
"related_acts": "",
"section_id": 33
},
{
"act_id": 35,
"details": ". An appeal shall lie from every such decision to the High Court Division, unless the Judge whose decision is appealed from is not the District Judge, in which case the appeal shall lie, in the first instance, to the District Judge. Every appeal under this section shall be presented within the time and in manner provided by the Code of Civil Procedure, 1908 for regular appeals in suits.",
"name": "Appeal",
"related_acts": "86",
"section_id": 34
},
{
"act_id": 35,
"details": "24. When the amount compensation has been settled by the Court, and there is any dispute as to the apportionment thereof, or when a reference to the Court has been made under the last preceding section, the Judge sitting along shall decide the proportions in which the persons interested are entitled to share in such amount.",
"name": "Determination of proportion",
"related_acts": "",
"section_id": 35
},
{
"act_id": 35,
"details": "An appeal shall lie from every such decision to the 6High Court Division, unless the Judge whose decision is appealed from is not the District Judge, in which case the appeal shall lie, in the first instance, to the District Judge. Every appeal under this section shall be presented within the time and in manner provided by the Code of Civil Procedure, 1908 for regular appeals in suits.",
"name": "Appeal",
"related_acts": "86",
"section_id": 36
},
{
"act_id": 35,
"details": "25. Payment of the compensation shall be made by the Collector in accordance with the award made by him under section 16; or the proceeding held by him under section 18, if no application be made to the Courts as provided by section19; or the award made by the Court or the decision of the Judge under section 21; or, in the case of an appeal, under section 24, in accordance with the decision in appeal, as the case may be.",
"name": "Payment of compensation",
"related_acts": "",
"section_id": 37
},
{
"act_id": 35,
"details": "26. The amount of compensation fixed by any award, proceeding or decision, as specified in the last preceding section, shall be deemed to be the full amount payable by Government in respect of the claim dealt with therein; and Government shall not be liable for any further claim to any person whatever in respect of any matter which was the subject of such award, proceeding or decision; nor shall any such claim be made against Government in respect of the payment of any portion of such compensation in accordance with any award, proceeding or decision as aforesaid, or in accordance with any decision of the Judge, or of the District Judge, or of the 7High Court Division in appeal, as the case may be, under section 24; and no suit shall be brought to set aside an award or decision under this Act.",
"name": "Government not liable to further claim",
"related_acts": "",
"section_id": 38
},
{
"act_id": 35,
"details": "27. Nothing contained in the last preceding section shall affect the liability of any person who may receive the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto.",
"name": "Liability of person receiving compensation not affected",
"related_acts": "",
"section_id": 39
},
{
"act_id": 35,
"details": "28. Every tenant holding under an unexpired lease, or having a right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of the supply in respect of which compensation is allowed under section 11 takes place, may claim an abatement of the rent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding: Provided that no part of the said compensation shall have been received by the said tenant in respect of such reduction in the value of his holding.",
"name": "Abatement of rent on interruption of water- supply",
"related_acts": "",
"section_id": 40
},
{
"act_id": 35,
"details": "29. If a water-supply increasing the value of such holding is afterwards restored to the said land otherwise than at the cost of the tenant, the rent of the tenant may be enhanced, in respect of the increased value of such land due to the restored water-supply, to an amount not exceeding that at which it stood immediately before the abatement. Such enhancement shall be on account only of the restored water-supply, and shall not effect the liability of the tenant to enhancement of rent on any other grounds.",
"name": "Enhancement of rent on restoration of water-supply",
"related_acts": "",
"section_id": 41
},
{
"act_id": 35,
"details": "30. All sums of money payable for compensation under this Part shall become due three months after the claim for such compensation is made in respect of the stoppage, diminution or damage complained of, and simple interest at the rate of six per centum per annum shall be allowed on any such sum remaining unpaid after the said three months, except where the non-payment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same:",
"name": "Compensation when due Interest",
"related_acts": "",
"section_id": 42
},
{
"act_id": 35,
"details": "Provided that the Collector may at any time invest the whole or any portion of the amount payable as compensation under this Act in any Government securities, and such securities shall be held by the Collector for the benefit of the persons interested, and the persons interested shall be bound to receive such securities with any interest which may have accrued upon them as full payment of the sum which the Collector paid for such securities, and of any sum which he may have paid as expenses incurred in purchasing the same, and of any interest which might otherwise have accrued on such sums.",
"name": "Collector may invest amount deposited or awarded in \tGovernment securities",
"related_acts": "",
"section_id": 43
},
{
"act_id": 35,
"details": "31. No compensation shall be claimable under this Act in respect of any works executed before it came into force, or of any damage, injury or loss caused by such works.",
"name": "No compensation in respect of prior works",
"related_acts": "",
"section_id": 44
},
{
"act_id": 35,
"details": "32. Service of any notice under this Part shall be made by delivering or tendering a copy thereof signed by the officer therein mentioned. Whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business; and, if such person has no ordinary place of residence within the district, service of any notice may be made by sending copy of such notice by post in a registered cover addressed to such person at his usual place of residence.",
"name": "Service of notice",
"related_acts": "",
"section_id": 45
},
{
"act_id": 35,
"details": "33. Whenever it shall be necessary to make any inquiry or examination in connection with a projected canal or with the maintenance of an existing canal, or with a projected flood-embankment, or with the maintenance of an existing flood-embankment, any canal-officer or other person acting under the general or special orders of a canal-officer may enter upon such land as he may think necessary for the purpose, and may exercise all powers and do all things in respect of such lands as he might exercise and do if the Government had issued a notification under the provisions of section 4 of the Land Acquisition Act, 1894, to the effect that land in that locality is likely to be needed for a public purpose; and may set upon and maintain water-gauges, and do all other things necessary for the prosecution of such inquiry and examination.",
"name": "Entry for inquiry",
"related_acts": "",
"section_id": 46
},
{
"act_id": 35,
"details": "34. Such canal-officer or other person may also enter upon any land, building or village-channel on account of which any water-rate is chargeable for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a water rate, and of doing all things necessary for the proper regulation and management of the canal from which such water is supplied.",
"name": "Power to inspect and regulate water-supply",
"related_acts": "",
"section_id": 47
},
{
"act_id": 35,
"details": "35. In case of any accident being apprehended or happening to a canal or flood-embankment, any canal-officer, or any person acting under his general or special orders in this behalf, may enter upon any lands adjacent to such canal or flood-embankment, and may execute all works which may be necessary for the purpose of preventing such accident, or repairing any damage done.",
"name": "Power to enter for repairs, and to prevent accidents",
"related_acts": "",
"section_id": 48
},
{
"act_id": 35,
"details": "36. When such canal-officer or person proposes, under the provisions of either of the three last preceding sections, to enter into any building or enclosed court or garden attached to a dwelling-house not supplied with water flowing from any canal, and not being adjacent to a flood embankment, he shall previously give to the occupier of such building, court or garden such reasonable notice as the urgency of the case may allow.",
"name": "Notice to occupier of building, etc.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 35,
"details": "37. In every case of entry upon any land or building under section 7, section 33, section 34 or section 35, the canal-officer or person making the entry shall ascertain and record the nature of any crop, tree, building or other property to which damage has been done, and the extent of the damage done to any such property, and shall tender compensation to the proprietors or occupiers for all damage done to the same by the entry or by any works executed. If such tender is not accepted, the canal-officer shall refer the matter to the Collector, who shall thereupon give notice in writing to the person interested in such land and to the canal-officer, requiring them to attend before him, on a date to be fixed in the notice, for the purpose of making inquiry as to the amount of compensation.",
"name": "Compensation for damage to land",
"related_acts": "",
"section_id": 50
},
{
"act_id": 35,
"details": "38. After such inquiry as he may think necessary, the Collector shall decide the amount of compensation payable and such decision shall be subject to an appeal to the Commissioner of the Division: Provided that such appeal be presented to the commissioner, or to the Collector for transmission to the Commissioner, within thirty days of the decision appealed against. If no such appeal be preferred, the decision of the Collector or, if such appeal be preferred, the decision of the Commissioner shall be final and conclusive.",
"name": "Appeal from Collector's decision to commissioner",
"related_acts": "",
"section_id": 51
},
{
"act_id": 35,
"details": "39. Suitable means of crossing canals constructed or maintained at the cost of Government shall be provided at such places as the Government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands; and suitable bridges, culverts or other works shall be constructed to prevent the drainage of the adjacent lands being obstructed by any canal.",
"name": "Government to provide means of crossing canals and of drainage",
"related_acts": "",
"section_id": 52
},
{
"act_id": 35,
"details": "On the completion of any canal or of any convenient section of any canal the Collector, after causing such inspection to be made as may be necessary, shall certify to the Government that suitable and sufficient means of crossing the canal, and suitable and sufficient means of drainage as aforesaid, have been provided; or shall report in what respects the provision made for the above purposes is defective; and if, at any time after he shall have given such certificate, it shall be brought to his notice that the provision made as above has proved insufficient, the Collector shall cause inquiry to be made into the circumstances of the case, and, if the statement is established, shall report his opinion thereon for the consideration of the Government, and the Government shall cause such measures in reference thereto to be taken as it thinks proper.",
"name": "Collector to certify to Government that means of crossing \tcanals and drainage have been provided",
"related_acts": "",
"section_id": 53
},
{
"act_id": 35,
"details": "40. \tWhenever it appears to the Government that injury to the public health or public convenience, or to any canal, or to any land for which irrigation from a canal is available, has arisen or may arise from the obstruction of any river, stream or natural drainage-course, the Government may, by notification published in the official Gazette prohibit, within limits to be defined in such notification, the formation of any such obstruction, or may, within such limits, order the removal or other modification of such obstruction. Thereupon so much of the said river, stream or natural drainage channel as is comprised within such limits shall be held to be a drainage work as defined in section 3.",
"name": "Government may prohibit formation of obstructions within \tcertain limits",
"related_acts": "",
"section_id": 54
},
{
"act_id": 35,
"details": "41. The canal-officer or other person authorized by the Government in that behalf may, after such publication, issue and order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order.",
"name": "Canal-officer may issue notice to person causing obstructions",
"related_acts": "",
"section_id": 55
},
{
"act_id": 35,
"details": "42. If, within the time so fixed, such person does not comply with the order, the canal-officer may cause the obstruction to be removed or modified; and if the person to whom the order was issued does not, when called upon, pay the expenses of such removal or modification, such expenses shall be recoverable as a demand.",
"name": "Canal-officer may cause obstructions to be removed",
"related_acts": "",
"section_id": 56
},
{
"act_id": 35,
"details": "43. Whenever it appears to the Government that any drainage works are necessary for the public health, or for the improvement or proper cultivation or irrigation of any lands in districts to which the provisions of the 8* * * Embankment and Drainage Act, 1952, do not, apply, or that protection from floods or other accumulations of water, or from erosion by a river, is required for any lands, the Government may cause a scheme for such works to be drawn up and carried into execution, and the persons authorized by the Government to draw up and execute such scheme may exercise in connection therewith all or any of the powers conferred on canal-officers by sections 33, 34 and 35, and shall be liable to any or all of the obligations imposed upon canal-officers by sections 36 and 37.",
"name": "When drainage works necessary, Government may order \tscheme to be drawn up and carried out",
"related_acts": "",
"section_id": 57
},
{
"act_id": 35,
"details": "44. Whenever, in pursuance of a notification made under section 40, any obstruction is removed or modified; or whenever any drainage-work is carried out under the last preceding section, all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction, or the construction of such work, may be made before the Collector, and he shall deal with the same in the manner provided in Part II; but no compensation shall be allowed for any damage arising from increase of percolation.",
"name": "Disposal of claims to compensation",
"related_acts": "",
"section_id": 58
},
{
"act_id": 35,
"details": "45. No such claim shall be entertained after the expiration of six months from the occurrence of the loss complained of, unless the Collector is satisfied that the claimant had sufficient cause for not making the claim within such period.",
"name": "Limitation of such claims",
"related_acts": "",
"section_id": 59
},
{
"act_id": 35,
"details": "46. \"Person\" in this Part includes any number of persons acting jointly.",
"name": "\"Person\" defined",
"related_acts": "",
"section_id": 60
},
{
"act_id": 35,
"details": "47. The canal-officer shall keep a register of all village- channels, whether already existing or constructed under this Act, and shall note thereon in respect of every village-channel whether it is a public channel maintained at the cost of the Government, or a private channel maintained at the cost of the owners; and shall register the names of the owners of every such private channel.",
"name": "Register of village- channels to be kept",
"related_acts": "",
"section_id": 61
},
{
"act_id": 35,
"details": "A village-channel made as an extension of, or a branch to, an existing village-channel shall be registered as a separate village-channel; and so much of the length of any village-channel as lies within the limits of any one village or mauza shall be entered on the register as a separate village-channel. Every section of a village-channel so separately entered on the register shall be deemed to be a separate village-channel in respect of all rights and liabilities imposed by this Act:",
"name": "Extension or branch of village- channel to be registered",
"related_acts": "",
"section_id": 62
},
{
"act_id": 35,
"details": "Provided always that, whenever it shall seem fit to the canal-officer for any special reason to enter upon his register as one village-channel a section of a village-channel which includes portions lying within two or more villages or mauzas, the canal-officer may, with the consent of the Collector obtained in writing, register such section as one village-channel, and such section shall be deemed to be one village-channel in respect of all rights and liabilities imposed by this Act.",
"name": "Canal-officer may register as one village channel section \tincluding portions lying within two or more villages",
"related_acts": "",
"section_id": 63
},
{
"act_id": 35,
"details": "48. Any person may, with the consent of the canal- officer, acquire the property in an existing village-channel for the purpose of improving or maintaining it- (a)\tby taking over any village-channel belonging to Government; (b)\tby transfer of a village-channel from the owner thereof by private agreement.",
"name": "Person may acquire existing village-channel by agreement",
"related_acts": "",
"section_id": 64
},
{
"act_id": 35,
"details": "49. Any person may, with the permission of a canal- officer, construct a new village-channel if he has obtained the consent of the owners and occupiers of the land required therefor.",
"name": "Construction of new village-channel",
"related_acts": "",
"section_id": 65
},
{
"act_id": 35,
"details": "50. Any person desiring the construction of a new village-channel, but being unable or unwilling to construct it under a private arrangement with the owners and occupiers of the land affected, as mentioned in the last preceding section, may apply in writing to the canal-officer stating– that he desires the said canal-officer, in his behalf and at his cost, to do all things necessary for constructing such village-channel; that he is ready to defray all costs necessary for acquiring the land and constructing such village-channel.",
"name": "Application by person desiring construction of new village-channel",
"related_acts": "",
"section_id": 66
},
{
"act_id": 35,
"details": "51. If the canal-officer considers the construction of such village-channel expedient, he may call upon the applicant to deposit any part of the expense such officer may consider necessary, and, upon such deposit being made, shall cause inquiry to be made into the most suitable alignment for the said village-channel, and shall mark out the land which, in his opinion, it will be necessary to occupy for the construction thereof, and shall forthwith publish a notification in every village through which the village-channel is proposed to be taken that so much of such land as is situated within such village has been so marked out, and shall send a copy of such notification to the Collector of every district in which any part of such land is known to be situate for publication on such land.",
"name": "Procedure when canal-officer considers construction of \tvillage-channel expedient.",
"related_acts": "",
"section_id": 67
},
{
"act_id": 35,
"details": "Such notification shall also call upon any person who wishes to be admitted a joint owner of such village- channel to make his application in that respect within thirty days of the publication of such notification. If any such applicant appears, and his application is admitted, he shall be liable to pay his share in the construction of such village-channel and the cost of acquiring such land, and shall be an owner of such village-channel constructed.",
"name": "Notice to person wishing to be \tjoint owner",
"related_acts": "",
"section_id": 68
},
{
"act_id": 35,
"details": "52. On receipt of copy of such notification, the Collector shall proceed to acquire such land under the provisions of the Land Acquisition Act, 1894, as if a declaration had been issued by the Government for the acquisition thereof under section 6 of that Act, and as if the Government had thereupon directed the Collector to take order for the acquisition of such land under section 7 of the said Act, and (if necessary) as if the Government had issued orders for summary possession being taken under section 17 of the said Act.",
"name": "Collector to acquire land",
"related_acts": "",
"section_id": 69
},
{
"act_id": 35,
"details": "53. On being put in possession of the land the canal-officer shall construct the required village-channel; and on its completion shall give to the applicant notice thereof, and of any sum payable by him on account of the cost of acquiring the land and constructing the village-channel. On such notice being given, such sum shall be due from the applicant to the canal-officer. On receipt of payment in full of all expenses incurred, the canal-officer shall make over possession of such village-channel to such applicant.",
"name": "Procedure after construction of village-channel",
"related_acts": "",
"section_id": 70
},
{
"act_id": 35,
"details": "54. Whenever a canal-officer considers that the transfer of a village-channel from the owner is necessary for the proper management of the irrigation from such village-channel, he may cause a notice to be served on the registered owner to appear on a certain day, not less than fifteen days after service of notice, and to prefer any objection to such transfer. After hearing such objection, the canal-officer may that such village-channel shall be transferred to such person as he may think fit, and that such person be registered as owner of the said village-channel: Provided that no person shall be registered as the owner of a village-channel under this section, unless he has expressed in writing his willingness to be so registered, and until he has paid to the canal-officer such sum as may be fixed by the canal-officer under section 56.",
"name": "Canal-officer may direct transfer of village-channel",
"related_acts": "",
"section_id": 71
},
{
"act_id": 35,
"details": "55. Any person wishing to become the joint owner of an existing village-channel may petition the canal-officer to that effect, and on receipt of such petition the canal-officer may, if he thinks fit, issue a notice as provided in the last preceding section upon the registered owner, and, after hearing any objection which the registered owner may prefer against the admission of such application to be a joint owner, may direct that the applicant shall be registered as such joint owner.",
"name": "Person may be admitted joint owner of existing village-\tchannel",
"related_acts": "",
"section_id": 72
},
{
"act_id": 35,
"details": "56. When deciding the question of transfer or of admission to joint ownership under either of the two last preceding sections, the canal-officer shall also determine what amount shall be paid- as the costs of the proceedings; as compensation to the previous owners; and the amount so determined shall be due by the transferee, or the person admitted to registry as a joint owner, as the case may be; and, on payment of such amount, the village-channel shall be transferred, or the applicant shall be registered as owner or as a joint owner thereof, as the case may be.",
"name": "Canal-officer to fix sums payable on transfer or \tacquisition of joint ownership",
"related_acts": "",
"section_id": 73
},
{
"act_id": 35,
"details": "57. Instead of awarding payment of compensation under the last preceding section, the canal-officer may fix an amount of rent to be paid annually to the previous owners by the persons to whom the village-channel is transferred.",
"name": "Canal-officer may fix rent for a village-channel, transferred",
"related_acts": "",
"section_id": 74
},
{
"act_id": 35,
"details": "58. Every person- (a)\tacquiring a village-channel as provided in section 48; or (b)\tconstructing a village-channel as provided in section 49; or (c)\treceiving possession of a village-channel as provided in section 53; or (d)\tacquiring a village-channel by transfer as provided in section 54; or (e)\tbeing admitted to registration as joint owner in a village-channel as provided in section 55, shall be deemed to be an owner of such village-channel.",
"name": "Ownership of village-channel",
"related_acts": "",
"section_id": 75
},
{
"act_id": 35,
"details": "59. Every owner of a village-channel shall be bound– (a)\tto construct and maintain all works necessary for the passage across such village-channel of canals, village-channels, drainage-channels and public roads existing at the time of its construction, and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the occupants of neighbouring lands; (b)\tto maintain such village-channel in a fit state of repair for the conveyance of water; (c)\tto allow the use of it to others on such terms as may be declared equitable by the canal-officer as hereinafter prescribed; and shall be entitled– (d)\tto have a supply of water by such village-channel at such rates and on such terms as are prescribed by the rules made by the Government under section 99; (e)\tto receive such rent for the use of the village-channel by other persons as the canal-officer may award him.",
"name": "Obligation and right of owner of village-channel",
"related_acts": "",
"section_id": 76
},
{
"act_id": 35,
"details": "60. If the owner of a village-channel fails to fulfil the obligations mentioned in clauses (a) and (b) of the last preceding section, the canal-officer may require him by notice to execute the necessary works or repairs within a period not being less than fifteen days, and in the event of failure may execute them on his behalf; and all expenses incurred by the execution of such works or repair shall be a sum due by such owner to Government; and, if any such owner who has already failed on one occasion to execute such works or repairs when required to do so, and has left them to be executed on his behalf by the canal-officer, shall again fail to execute any such works or repairs when required to do so; or if any such owner shall refuse in any respect to fulfil the obligation mentioned in clause (c) of the last preceding section, after having been required to fulfil the same by a notice in writing from the canal-officer, the canal-officer may strike such village-channel off the register, and so disqualify it to be any longer a medium for the conveyance of canal-water.",
"name": "If owner of village-channel, fails to execute work or repair \tcanal-officer may do so",
"related_acts": "",
"section_id": 77
},
{
"act_id": 35,
"details": "61. Any owner may resign his interest in a village-channel: Provided such resignation be duly registered in the office of the canal-officer.",
"name": "Resignation of ownership",
"related_acts": "",
"section_id": 78
},
{
"act_id": 35,
"details": "62. Any owner of a village-channel may, with the consent of the canal-officer, transfer his interest to any other person: Provided that the liabilities of the person so transferring shall not cease till such transfer is registered in the office of the canal-officer.",
"name": "Owner may transfer interest",
"related_acts": "",
"section_id": 79
},
{
"act_id": 35,
"details": "63. If any owner of a village-channel dies, his legal representative may apply for registration in his stead. If no such application for registry be made within six weeks from the death of the said owner, the remaining registered owners of the village-channel, if any, shall be deemed to be owners of the entire interest in the village-channel, until some other person shall have established his claim to be registered as owner in place of the deceased. If the deceased shall have been the sole registered owner, the canal-officer shall be deemed to be his representative for the purposes of this Part, and shall exercise all rights and be bound by all liabilities which attached to the deceased in respect of his ownership of the said village-channel, until some person shall have established his right to be registered as owner thereof in place of the deceased; and the canal-officer shall account to such person for all sums received and expended in the exercise of the rights and discharge of the liabilities which attached to the deceased in respect of such ownership.",
"name": "Procedure on death of owner of village-channel",
"related_acts": "",
"section_id": 80
},
{
"act_id": 35,
"details": "64. When any person applies for registration under the three last preceding sections, the canal-officer shall serve notice on the other registered owners to prefer any objection to the registration, transfer or succession within fifteen days, and, if no such objection shall be made, or if the objections made be deemed invalid, shall order such resignation, transfer or succession to be registered.",
"name": "Procedure when person applies for registration in lieu of \tdeceased owner",
"related_acts": "",
"section_id": 81
},
{
"act_id": 35,
"details": "65. All joint owners of a village-channel shall be held to have an equal interest in it, unless, with the permission of the canal-officer, they register specific unequal interests.",
"name": "Interest of owners equal, unless unequal interest registered",
"related_acts": "",
"section_id": 82
},
{
"act_id": 35,
"details": "66. Any person not an owner of a village-channel, desiring to have a supply of water through such village-channel, may make a private arrangement with the owners for the conveyance of water, or may apply to the canal-officer for authority to use such village-channel.",
"name": "Supply of water to person not owner",
"related_acts": "",
"section_id": 83
},
{
"act_id": 35,
"details": "67. On receipt of such application the canal-officer shall serve notice on the owners to show cause why such permission should not be granted, and, if no objection be raised, or if any objections be raised and found invalid, shall authorize the conveyance of such supply on such conditions as may appear to him equitable.",
"name": "Canal-officer may authorize supply",
"related_acts": "",
"section_id": 84
},
{
"act_id": 35,
"details": "68. The canal-officer shall also fix a sum as rent to be paid for the use of such village-channel to the owner. Such rent may be in the form of a percentage on the water-rate of the person using the village-channel, or otherwise, as may be fixed by the canal-officer.",
"name": "Canal-officer to fix rent of village-channel",
"related_acts": "",
"section_id": 85
},
{
"act_id": 35,
"details": "69. The owner of a village-channel which receives its water through another village-channel may, at the discretion of the canal-officer, either be declared a joint owner of such other village-channel, or may be required to pay rent for the use of the same to the owner thereof, as provided in the last preceding section.",
"name": "Owner of village-channel receiving supply through another \tdeceased village-channel",
"related_acts": "",
"section_id": 86
},
{
"act_id": 35,
"details": "70. All rent payable under either of the two last preceding sections shall be deemed to be due in the same installments and at the same periods as the water rate is due, or in such other installments and at such other dates as the canal- officer may direct, and may be collected by the canal-officer on behalf of the person entitled to it, if the canal-officer thinks fit.",
"name": "Instalments in which rent is payable",
"related_acts": "",
"section_id": 87
},
{
"act_id": 35,
"details": "71. Any canal-officer collecting rent under the last preceding section on behalf of any person entitled thereto shall be bound to pay to the person entitled to the same no more than the amount actually collected by him as rent.",
"name": "Canal-officer to pay no more than amount collected",
"related_acts": "",
"section_id": 88
},
{
"act_id": 35,
"details": "72. No land acquired under this Part for a village-channel shall be used for any other purpose without the consent of the canal-officer previously obtained.",
"name": "Land acquired not to be used for other purpose",
"related_acts": "",
"section_id": 89
},
{
"act_id": 35,
"details": "73. Every sum declared to be due under this Part shall be recoverable by the canal-officer on behalf of the Government of the person entitled to receive the same, and shall be held to be a demand.",
"name": "Dues how recovered",
"related_acts": "",
"section_id": 90
},
{
"act_id": 35,
"details": "74. Every person desiring that water shall be supplied to his land from a canal shall present a written application to that effect to the canal-officer, in the form given in Schedule B hereto annexed, or in a similar form, binding himself by the rules made by the Government under the powers vested in it by this Act; and no person shall be liable to pay any rate or due whatever, on account of water supplied to his land with the permission of the canal-officer, otherwise than on such application, nor shall water be supplied otherwise than on such application.",
"name": "Water supplied on written application only",
"related_acts": "",
"section_id": 91
},
{
"act_id": 35,
"details": "75. If the application mentioned in the last preceding section be granted by the canal-officer, the canal-officer shall cause his permission to be recorded in the form given in Schedule C hereto annexed, or in some similar form, binding himself by the rules made by the Government as aforesaid.",
"name": "Written permission to be given",
"related_acts": "",
"section_id": 92
},
{
"act_id": 35,
"details": "76. All rules made by the Government under section 99 shall be consistent with the following conditions:-",
"name": "Rules subject to conditions as to-",
"related_acts": "",
"section_id": 93
},
{
"act_id": 35,
"details": "(b)\tNo claim shall be made against the Government for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control of the Government, or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the canal-officer considers necessary; but the person suffering such loss shall be entitled to such remission of the ordinary charges payable for the use of the water as is authorized by the Government:",
"name": "(b) claims to compensation in case of failure or \tstoppage of supply;",
"related_acts": "",
"section_id": 94
},
{
"act_id": 35,
"details": "(c)\tIf the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the Collector for any loss arising from such interruption, and the Collector shall award to the petitioner reasonable compensation for such loss:",
"name": "(c) \tclaims on account of interruption from other causes;",
"related_acts": "",
"section_id": 95
},
{
"act_id": 35,
"details": "(d)\tWhen the water of a canal is supplied for the irrigation of a single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, and to apply only to that crop; but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year:",
"name": "(d) \tduration of supply;",
"related_acts": "",
"section_id": 96
},
{
"act_id": 35,
"details": "(e) \tNo person entitled to use the water of any canal, or any work, building or land or appertaining to any canal, shall sell or sub-let or otherwise transfer his right to such use without the permission of the canal-officer, but all contracts made between Government and the owner or occupier of any immovable property, as to the supply of canal-water to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place.",
"name": "(e) \tsale or sub-letting of right to use canal-water; contracts for water transferable with land",
"related_acts": "",
"section_id": 97
},
{
"act_id": 35,
"details": "(a)\tThe canal-officer may not stop the supply of water to any village-channel, or to any person who is entitled to such supply, except in the following cases:– (1)\twhenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority; (2)\twhenever and so long as any village-channel is not maintained in such repair as to prevent the wasteful escape of water therefrom; (3)\twhenever and so long as it is necessary to do so in rotation to supply the legitimate demands of other persons entitled to water; (4)\twhenever and so long as it may be necessary to stop the supply in order to prevent the wastage or misuse of water;",
"name": "(a) \tpower to stop water-supply;",
"related_acts": "",
"section_id": 98
},
{
"act_id": 35,
"details": "77. On application being made for a supply of water to be used for purposes other than those of irrigation, the canal-officer may give permission for water to be taken for such purposes under special conditions and restrictions as to the limitation and control of the supply as he shall think proper to impose in each case.",
"name": "Canal-officer may supply water for purposes other than \tthose of irrigation",
"related_acts": "",
"section_id": 99
},
{
"act_id": 35,
"details": "78. The rates to be charged for canal-water supplied for purposes of irrigation shall be determined by the Government and all persons accepting the water shall pay for it accordingly.",
"name": "Charge for water, how determined",
"related_acts": "",
"section_id": 100
},
{
"act_id": 35,
"details": "79. If water supplied through a village-channel be used in an unauthorized manner, and if the person by whose act or neglect such use has occurred cannot be identified, the persons on whose land such water has flowed, if such land has derived benefit therefrom, or, if no land has derived benefit therefrom, all the persons chargeable in respect of the water supplied through such village-channel in respect of the crop then on the ground, shall be liable to the charges made for such use, as determined by the Government under section 99.",
"name": "Liability when person using water unauthorizedly cannot \tbe identified",
"related_acts": "",
"section_id": 101
},
{
"act_id": 35,
"details": "80. If water supplied through a village-channel be suffered to run to waste, and if, after inquiry by the canal-officer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such village-channel for the crop then on the ground shall be jointly liable for the charges made in respect of the water so wasted, as determined by the Government under section 99. All questions arising under this and the last preceding section shall be decided by the canal-officer, subject to the provisions of section 91.",
"name": "Liability when water runs to waste",
"related_acts": "",
"section_id": 102
},
{
"act_id": 35,
"details": "81. All charges for the unauthorized use or for waste of water shall be deemed to be water-rate due on the crop, and may be recovered as such water-rate in addition to any penalties incurred on account of such use or waste.",
"name": "Charges recoverable in addition to penalties",
"related_acts": "",
"section_id": 103
},
{
"act_id": 35,
"details": "82. The canal-officer may enter into an agreement with any person for the collection and payment to the Government by such person of any sum payable under this Act by a third party.",
"name": "Power to contract for collection of canal-dues",
"related_acts": "",
"section_id": 104
},
{
"act_id": 35,
"details": "83. Any sum lawfully due under this Part either to the Government, or to any person who has entered into an agreement to collect dues for the Government and certified by the canal-officer to be so due, shall be deemed to be rent payable on a patta or engagement in respect of the land irrigated, and shall be recoverable as such by the person to whom it is payable: Provided that the claim(if any)for rent in respect of such land shall have priority over any claim for arrears of water-rate so far as regards recovery of rent by the exercise of the power of distraint.",
"name": "Sum payable under this Part deemed to be rent",
"related_acts": "",
"section_id": 105
},
{
"act_id": 35,
"details": "84. If any person distrains half or more than half of any crop on account of which water-rate is due, such person shall be bound, on requisition by the canal-officer, to furnish him with an account showing how the produce thus distrained has been appropriated in payment of such rent, and the canal-officer shall be entitled to challenge such account before any Court compe-tent to try suits for arrears of rent in respect of the land in question, and such Court, if it finds that the value of the crop distrained was in excess of the amount of rent which has been due for a period not longer than a year, together with the cost of the distraint, may require the distrainer to pay the water-rate due on such crop.",
"name": "Person who distrains may be called on to produce account",
"related_acts": "",
"section_id": 106
},
{
"act_id": 35,
"details": "85. Every arrear of water-rate which is due to Government, and every sum due to Government by any person on account of collection of water-rate, and every sum due to such person on account of water-rate and certified by the canal-officer to be so due, shall also be held to be a demand.",
"name": "Arrears of water-rate deemed to be demand",
"related_acts": "",
"section_id": 107
},
{
"act_id": 35,
"details": "86. Nothing in sections 82 to 85(inclusive) applies to fines.",
"name": "Sections not applying to fines",
"related_acts": "",
"section_id": 108
},
{
"act_id": 35,
"details": "87. Whenever a dispute arises between two or more persons in regard to their mutual rights or liabilities in respect of the dues, construction or maintenance of a village-channel, any such person interested may apply in writing to the canal-officer stating the matter in dispute. Such officer shall thereupon give notice to the other persons interested that on a day to be named in such notice, he will proceed to inquire into the said matter, and, after such inquiry, he may pass his order thereon, or may transfer the matter to the Collector, who shall thereupon inquire into and pass his order on the said matter.",
"name": "Settlement of disputes as to mutual rights and liabilities of persons interested in village-channel",
"related_acts": "",
"section_id": 109
},
{
"act_id": 35,
"details": "88. \tWhenever any dispute arises among joint owners of a village-channel as to their shares of expense or as to the amounts severally contributed, or as to failure on the part of any owner to contribute his share, the matter may be decided after inquiry by the canal-officer or Collector, as provided in the last preceding section.",
"name": "Dispute as to shares and payments",
"related_acts": "",
"section_id": 110
},
{
"act_id": 35,
"details": "89. \tAny order passed by the Collector, under either of the two last preceding sections, and, subject to the provisions of section 91, any such order passed by a canal-officer, shall remain in force until set aside by the decree of a Civil Court, and may be executed by any canal-officer as if it were a decree of the Civil Court.",
"name": "Order passed by Collector and canal-officer to remain in \tforce until set aside by Civil Court",
"related_acts": "",
"section_id": 111
},
{
"act_id": 35,
"details": "90. \tAll suits arising out of the exercise of the power of distraint for recovery of water-rates, or out of any acts done under colour of the exercise of the said power of distraint, or by person in receipt of the water-rates against any agents employed by them in the collection of such water-rates, or the sureties of such agents for money received or for accounts kept by such agents in the course of such employment, or for papers in their possession, shall be cognizable by the same Court or authority as would have jurisdiction if such water-rates were rent due for the land irrigated.",
"name": "Jurisdiction as to suits arising out of powers of distraint",
"related_acts": "",
"section_id": 112
},
{
"act_id": 35,
"details": "91. \tEvery order passed by a canal-officer under Part V, Part VI, Part VII or Part VIII of this Act shall be appealable to the Collector, provided that the appeal be presented within thirty days of the date on which the canal-officer made the order appealed against; and no appeal shall lie against any proceeding or order of the Collector under this Act, except as otherwise expressly provided in this Act, but all such proceedings and orders shall be subject to the supervision and control of the Commissioner of the Division and of the Board of Revenue, who may pass such order thereon as they may respectively think fit.",
"name": "Appeal and supervision",
"related_acts": "",
"section_id": 113
},
{
"act_id": 35,
"details": "92. Any officer empowered under this Act to conduct any inquiry may exercise all such powers connected with the summoning and examining of witnesses, as are conferred on Civil Courts by the Code of Civil Procedure, 1908; and every such inquiry shall be deemed a judicial proceeding.",
"name": "Power to summon and examine witnesses",
"related_acts": "86",
"section_id": 114
},
{
"act_id": 35,
"details": "93. \tWhoever, voluntarily and without proper authority, does any of the acts following, that is to say:- (1) \tdamages, alters, enlarges or obstructs any canal or drainage-work; (2) \tinterferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under any canal or drainage-work, or by any means raises or lowers the level of the water in any canal or drainage work; (3) \tbeing responsible for the maintenance of a village- channel, or using a village-channel, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorized distribution of the water therefrom, or uses such water in an unauthorized manner; (4) \tcorrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used; (5) \tdestroys, defaces or moves any level-mark or water-gauge fixed by the authority of a public servant; (6) \tdestroys or removes any apparatus, or part of any apparatus, for controlling or regulating the flow of water in any canal or drainage-work; (7) passes, or causes animals or vehicles to pass, in or across any of the works, banks or channels of a canal contrary to rules made under this Act after he has been desired to desist therefrom; (8) without the permission of the canal-officer causes, or knowingly and wilfully permits, any cattle to graze upon any flood-embankments, or tethers, or causes or knowingly and wilfully permits any cattle to be tethered upon any such embankments, or roots up any grass or other vegetation growing on any such embankments, or removes, cuts or in any way injures or causes to be removed, cut or otherwise injured, any trees, bushes, grass or hedge intended for the protection of such embankment; (9) \tviolates any rule made under the Act, for breach where of a penalty may be incurred. shall, in case the offence shall not amount to mischief within the meaning of the 9Penal Code, and on conviction before a Magistrate, be liable to a fine not exceeding fifty taka or to imprisonment for a term not exceeding one month, or to both.",
"name": "Offences under Act Penalty",
"related_acts": "",
"section_id": 115
},
{
"act_id": 35,
"details": "94. Whenever, without the authority of the canal-officer,- (1) \tpierces or cuts through, or attempts to pierce or cut through, or otherwise to damage, destroy or endanger the stability of, any flood-embankment; (2)\topens, shuts or obstructs, or attempts to open, shut or obstruct, any sluice in any such embankment; (3) \tmakes any dam or other obstruction for the purpose of diverting or opposing the current of a river on the banks whereof are flood-embankments, or refuses or neglects to remove any such dam or obstruction when so required by the canal-officer, shall, in case the offence shall not amount to mischief within the meaning of the 10Penal Code, and on conviction before a Magistrate, be liable to a fine not exceeding two hundred taka, or to imprisonment for a term not exceeding six months.",
"name": "Further offences Penalty",
"related_acts": "",
"section_id": 116
},
{
"act_id": 35,
"details": "95. \tWhenever any person is convicted of an offence under either of the last two preceding sections, the convicting Magistrate may order that he shall remove the obstruction or repair the damage in respect of which the conviction is held within a period to be fixed in such order. If such person neglects or refuses to obey such order within the fixed period, the canal-officer may remove such obstruction, or repair such damage, and the cost of such removal or repair shall be levied from such person by the Collector under the procedure provided by the Public Demands Recovery Act, 1913, for the recovery of public demands.",
"name": "Obstruction to be removed and damage repaired",
"related_acts": "",
"section_id": 117
},
{
"act_id": 35,
"details": "96. \tAny person in charge of, or employed upon, any canal may remove from the lands or buildings belonging thereto, or may take into custody without a warrant and take forthwith before a Magistrate or to the nearest police-station, to be dealt with according to law, any person who within his view commits any of the following offences:- (1) \twilfully damages or obstructs any canal; (2) \twithout proper authority interferes with the supply or flow of water in or from any canal or in any river or stream, so as to make dangerous or render less useful any canal.",
"name": "Persons employed on canal may take offenders into custody",
"related_acts": "",
"section_id": 118
},
{
"act_id": 35,
"details": "97. \tNothing herein contained shall prevent any person from being prosecuted under any other law for any offence punishable under this Act: Provided that no person shall be punished twice for the same offence.",
"name": "Saving of prosecution under other laws",
"related_acts": "",
"section_id": 119
},
{
"act_id": 35,
"details": "98. \tWhenever any person is fined for an offence under this Act, the Magistrate may direct that the whole or any part of such fine may be paid by way of compensation to any person who gave information leading to the detection of such offence, or to the conviction of the offender.",
"name": "Compensation to person injured",
"related_acts": "",
"section_id": 120
},
{
"act_id": 35,
"details": "Such rules, alterations and cancelment shall be published in the official Gazette and shall thereupon have the force of law: Provided that no rules shall be made by the Government under the powers conferred on it by this section until a draft of the same have been published in the official Gazette for one month, after which time the Government may pass such rules as originally published, or with such alterations, additions and omissions as it may think fit.",
"name": "Publication of rules",
"related_acts": "",
"section_id": 121
},
{
"act_id": 35,
"details": "99. \tThe Government may, from time to time make rules to regulate the following matters:– (a)\tthe proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter; (b)\tthe cases in which, the officers to whom, and the conditions subject to which, orders and decisions given under any provision of this Act, and not expressly provided for as regards appeal, shall be appealable; (c)\tthe person by whom, the time, place or manner at or in which, anything for the doing of which provision is made in this Act shall be done; (d)\tthe amount of any charge made under this Act; (e)\tand generally to carry out the provisions of this Act. The Government may, from time to time, alter or cancel any rules so made.",
"name": "Power to make, alter and cancel rules",
"related_acts": "",
"section_id": 122
}
],
"text": "1♣An Act to provide for irrigation in Bangladesh. Preamble WHEREAS it is necessary to make provision for the construction, maintenance and regulation of canals, for the supply of water therefrom, and for the levy of rates for water so supplied, in Bangladesh; It is hereby enacted:-"
} |
{
"id": 36,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Taka\", \"Bangladesh\" and \"Government\" were substituted, for the words \"rupees\" or \"Rs.\", \"Pakistan\" and \"Central Government or any Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, comma and figure \"Succession Act, 1925\" were substituted, for the words \"Indian Succession Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"Registration Act, 1908\" were substituted, for the words \"Indian Registration Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"there\" was substituted, for the word \"their\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 \"of clause (a)\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Central\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Section 21A. was inserted by section 2 of the Specific Relief (Amendment) Act, 2004 (Act No. XXVII of 2004)(with effect from 1st July, 2005).",
"8 The word \"Advocate\" was substituted, for the word \"attorney\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words, comma and figure \"Registration Act, 1908\" were substituted, for the words \"Indian Registration Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words, comma and figure \"Limitation Act, 1908\" were substituted, for the words \"Indian Limitation Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Specific Relief Act, 1877",
"num_of_sections": 56,
"published_date": "7th February, 1877",
"related_act": [
32,
33,
36,
90,
138,
430,
88,
26,
31
],
"repelled": false,
"sections": [
{
"act_id": 36,
"details": "1. This Act may be called the Specific Relief Act, 1877.",
"name": "Short title",
"related_acts": "36",
"section_id": 1
},
{
"act_id": 36,
"details": "It extends to the whole of Bangladesh.",
"name": "Local Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 36,
"details": "And it shall come into force on the first day of May, 1877.",
"name": "Commencement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 36,
"details": "2. Repealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 36,
"details": "3. In this Act, unless there be something repugnant in the subject or context,- \"obligation\" includes every duty enforceable by law: \"trust\" includes every species of express, implied, or constructive fiduciary ownership: \"trustee\" includes every person holding, expressly, by implication, or constructively, a fiduciary character: Illustrations (a) \tZ bequeaths land to A, \"not doubting that he will pay there-out an annuity of Taka 1,000 to B for his life\". A accepts the bequest. A is a trustee, within the meaning of this Act, for B, to the extent of the annuity. (b) \tA is the legal, medical, or spiritual adviser of B. By availing himself of his situation as such adviser, A gains some pecuniary advantage which might otherwise have accrued to B. A is trustee, for B, within the meaning of this Act, of such advantage. (c) \tA, being B's banker discloses for his own purpose the state of B's account. A is a trustee, within the meaning of this Act, for the B, of the benefit gained by him by means of such disclosure. (d) \tA, the mortgagee of certain leaseholds, renews the lease in his own name. A is trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease. (e) \tA, one of several partners, is employed to purchase goods for the firm. A, unknown to his co-partners, supplies them, at the market price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A is a trustee for his co-partners, within the meaning of this Act, of the profit so made. (f) \tA, the manager of B's indigo-factory, becomes agents for C, a vendor of indigo-seed, and receives, without B's assent, commission on the seed purchased from C for the factory. A is the trustee, within the meaning of this Act, for B, of the commission so received. (g) \tA buys certain land with notice that B has already contracted to buy it. A is a trustee, within the meaning of this Act, for B, of the land so bought. (h) \tA buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest. \"settlement\" means any instrument (other than a will or codicil as defined by the 2Succession Act, 1925 whereby the destination or devolution of successive interests in moveable or immoveable property is disposed of or is agreed to be disposed of:",
"name": "Interpretation-clause",
"related_acts": "138",
"section_id": 5
},
{
"act_id": 36,
"details": "and all words occurring in this Act, which are defined in the Contract Act, 1872, shall be deemed to have the meanings respectively assigned to them by that Act.",
"name": "Words defined in Contract Act",
"related_acts": "26",
"section_id": 6
},
{
"act_id": 36,
"details": "4. Except where it is herein otherwise expressly enacted, nothing in this Act shall be deemed- (a)\tto give any right to relief in respect of any agreement which is not a contract; (b)\tto deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (c)\tto affect the operation of the 3Registration Act, 1908 on documents.",
"name": "Savings",
"related_acts": "90",
"section_id": 7
},
{
"act_id": 36,
"details": "5. Specific relief is given- (a)\tby taking possession of certain property and delivering it to a claimant; (b) \tby ordering a party to do the very act which he is under an obligation to do; (c) \tby preventing a party from doing that which he is under an obligation not to do; (d) \tby determining and declaring the rights of parties otherwise than by an award of compensation; or (e) \tby appointing a receiver.",
"name": "Specific relief how given",
"related_acts": "",
"section_id": 8
},
{
"act_id": 36,
"details": "6. Specific relief granted under clause (c) of section 5 is called preventive relief.",
"name": "Preventive relief",
"related_acts": "",
"section_id": 9
},
{
"act_id": 36,
"details": "7. Specific relief cannot be granted for the mere purpose of enforcing a penal law.",
"name": "Relief not granted to enforce penal law",
"related_acts": "",
"section_id": 10
},
{
"act_id": 36,
"details": "8. A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure.",
"name": "Recovery of specific immoveable property",
"related_acts": "",
"section_id": 11
},
{
"act_id": 36,
"details": "9. If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit. Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. No suit under this section shall be brought against the Government. No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.",
"name": "Suit by person dispossessed of immoveable property",
"related_acts": "",
"section_id": 12
},
{
"act_id": 36,
"details": "10. A person entitled to the possession of specific moveable property may recover the same in the manner prescribed by the Code of Civil Procedure. Explanation 1 - A trustee may sue under this section for the possession of property to the beneficial interest in which the person for whom he is trustee is entitled. Explanation 2 - A special or temporary right to the present possession of property is sufficient to support a suit under this section. Illustrations (a) \tA bequeaths land to B for his life, with remainder to C. A dies. B enters on the land, but C, without B's consent, obtained possession of the title-deeds. B may recover them from C. (b) \tA pledges certain jewels to B to secure a loan. B disposes of them before he is entitled to do so. A, without having paid or tendered the amount of the loan, sues B for possession of the jewels. The suit should be dismissed, as A is not entitled to their possession, whatever right he may have to secure their safe custody. (c) \tA receives a letter addressed to him by B. B gets back the letter without A's consent. A has such a property therein as entitles him to recover it from B. (d) \tA deposits books and papers for safe custody with B. B losses them, and C finds them but refuses to deliver them to B when demanded. B may recover them from C, subject to C's right, if any, under section 168 of the Contract Act, 1872. (e) \tA, warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession. A may sue B for the goods.",
"name": "Recovery of specific moveable property",
"related_acts": "26",
"section_id": 13
},
{
"act_id": 36,
"details": "11. Any person having the possession or control of a particular article of moveable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:- (a)\twhen the thing claimed is held by the defendant as the agent or trustee of the claimant; (b)\twhen compensation in money would not afford the claimant adequate relief for the loss of the thing claimed; (c)\twhen it would be extremely difficult to ascertain the actual damage caused by its loss; (d)\twhen the possession of the thing claimed has been wrongfully transferred from the claimant. Illustrations of clause (a)- A, proceeding to Europe, leaves his furniture in charge of B as his agent during his absence. B, without A's authority, pledges the furniture to C, and C, knowing that B had no right to pledge the furniture, advertises it for sale. C may be compelled to deliver the furniture to A, for he holds it as A's trustee. of clause (b)- Z has got possession of an idol belonging to A's family, and of which A is the proper custodian. Z may be compelled to deliver the idol to A. of clause (c)- A is entitled to a picture by a dead painter and a pair of rare China vases. B has possession of them. The articles are of too special a character to bear an ascertainable market value. B may be compelled to deliver them to A.",
"name": "Liability of person in possession, not as owner to deliver to person entitled to immediate possession",
"related_acts": "",
"section_id": 14
},
{
"act_id": 36,
"details": "12. Except as otherwise provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced- (a)\twhen the act agreed to be done is in the performance, wholly or partly, of a trust; (b)\twhen 4there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done; (c)\twhen the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or (d)\twhen it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done. Explanation - Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer moveable property can be thus relieved. Illustrations 5 * * * of clause (b)- A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare china vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance. of clause (c)- A contracts with B to sell him a house for taka 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money. In consideration of being released from certain obligations imposed on it by its act of Incorporation, a railway-company contract with Z to make an archway through there railway to connect lands of Z severed by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced for his interest in its performance cannot be adequately compensated for by money: and the Court may appoint a proper person to superintend the construction of the archway, road, siding and wharf. A contracts to sell, and B contracts to buy, a certain number of railway-shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a share-holder, which cannot otherwise be procured. A contracts with B to paint a picture for B, who agrees to pay therefor taka 1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the taka 1,000. A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to endorse the note, for C has succeeded to A's liabilities, and a decree for pecuniary compensation for not endorsing the note would be fruitless.",
"name": "Cases in which specific performance enforceable",
"related_acts": "",
"section_id": 15
},
{
"act_id": 36,
"details": "13. Notwithstanding anything contained in section 56 of the Contract Act, a contract is not wholly impossible of performance because a portion of its subject-matter, existing at its date, has ceased to exist at the time of the performance. Illustrations (a) \tA contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money. (b) \tIn consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown from his horse and killed. B's representative may be compelled to pay the purchase-money.",
"name": "Contract of which the subject has partially ceased to exist",
"related_acts": "",
"section_id": 16
},
{
"act_id": 36,
"details": "14. Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value, and admits of compensation in money, the Court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. Illustrations (a) \tA contracts to sell B a piece of land consisting of 100 bighas. It turns out that 98 bighas of the land belong to A, and the two remaining bighas to a stranger, who refuses to part with them. The two bighas are not necessary for the use or enjoyment of the 98 bighas, nor so important for such use of enjoyment that the loss of them may not be made good in money. A may be directed at the suit of B to convey to B the 98 bighas and to make compensation to him for not conveying the two remaining bighas; or B may be directed, at the suit of A, to pay to A, on receiving the conveyance and possession of the land, the stipulated purchase-money less a sum awarded as compensation for the deficiency. (b) \tIn a contract for the sale and purchase of a house and lands for two lakhs of Taka, it is agreed that part of the furniture should be taken at a valuation. The court may direct specific performance of the contract notwithstanding the parties are unable to agree as to the valuation of the furniture, and may either have the furniture valued in the suit and include it in the decree for specific performance, or may confine its decree to the house.",
"name": "Specific performance of part of contract where part unperformed is small",
"related_acts": "",
"section_id": 17
},
{
"act_id": 36,
"details": "15. \tWhere a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed forms a considerable portion of the whole, or does not admit compensation in money, he is not entitled to obtain a decree for specific performance. But the Court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, provided that the plaintiff relinquishes all claim to further performance, and all right to compensation either for the deficiency, or for the loss or damage sustained by him through the default of the defendant. Illustrations (a) \tA contacts to sell to B a piece of land consisting of 100 bighas. It turns out that 50 bighas of the land belong to A, and the other 50 bighas to a stranger, who refuses to part with them. A cannot obtain a decree against B for the specific performance of the contract; but if B is willing to pay the price agreed upon, and to take the 50 bighas which belong to A, waiving all right to compensation either for the deficiency or for loss sustained by him through A's neglect or default, B is entitled to a decree directing A to convey those 50 bighas to him on payment of the purchase-money. (b) \tA contracts to sell to B an estate with a house and garden for a lakh of taka. The garden is important for the enjoyment of the house. It turns out that A is unable to convey the garden. A cannot obtain a decree against B for the specific performance of the contract, but if B is willing to pay the price agreed upon, and to take the estate and house without the garden, waiving all right to compensation either for the deficiency or for loss sustained by him through A's neglect or default, B is entitled to a decree directing A to convey the house to him on payment of the purchase-money.",
"name": "Specific performance of part of contract where part \tunperformed is large",
"related_acts": "",
"section_id": 18
},
{
"act_id": 36,
"details": "16. When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the Court may direct specific performance of the former part.",
"name": "Specific performance of independent part of contract",
"related_acts": "",
"section_id": 19
},
{
"act_id": 36,
"details": "17. \tThe Court shall not direct the specific performance of a part of a contract except in cases coming under one or other of the three last preceding sections.",
"name": "Bar in other cases of specific performance of part of contract",
"related_acts": "",
"section_id": 20
},
{
"act_id": 36,
"details": "18. Where a person contracts to sell or let certain property, having only an imperfect title thereto, the purchaser or lessee (except as otherwise provide by this Chapter) has the following rights:- (a)\tif the vendor or lessor has subsequently to the sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest; (b)\twhere the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor's or lessor's request, the purchaser or lessee may compel him to procure such concurrence; (c)\twhere the vendor professes to sell unincumbered property, but the property is mortgaged for an amount not exceeding the purchase-money, and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a conveyance from the mortgagee ; (d)\twhere the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any) with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest of the vendor or lessor in the property agreed to be sold or let.",
"name": "Purchaser's rights against vendor with imperfect title",
"related_acts": "",
"section_id": 21
},
{
"act_id": 36,
"details": "19. Any person suing for the specific performance of a contract may also ask for compensation for its breach, either in addition to, or in substitution for, such performance. If in any such suit the Court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant and that plaintiff is entitled to compensation for that breach, it shall award him compensation accordingly. If in any such suit the Court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly. Compensation awarded under this section may be assessed in such manner as the Court may direct. Explanation - The circumstance that the contract has become incapable of specific performance does not preclude the Court from exercising the jurisdiction conferred by this section. Illustrations of the second paragraph- A contracts to sell a hundred mounds of rice to B. B brings a suit to compel A to perform the contract or to pay compensation. The Court is of opinion that A has made a valid contract and has broken it, without excuse, to the injury of B but that specific performance is not the proper remedy. It shall award to B such compensation as it deems just. of the third paragraph- A contracts with B to sell him a house for taka 1,000, the price to be paid and the possession given on the 1st January, 1877. A fails to perform his part of the contract, and B brings his suit for specific performance and compensation, which is decided in his favour on the 1st January, 1878. The decree may, besides ordering specific performance, award to B compensation for any loss which he has sustained by A's refusal. of the Explanation- A, a purchaser, sues B, his vendor, for specific performance of a contract for the sale of a patent. Before the hearing of the suit the patent expires. The Court may award A compensation for the non-performance of the contract, and may, if necessary, amend the plaint for that purpose. A sues for the specific performance of a resolution passed by the Directors of a public company, under which he was entitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution. All the shares had been allotted before the institution of the suit. The Court may, under this section, award A compensation for the non-performance.",
"name": "Power to award compensation in certain cases",
"related_acts": "",
"section_id": 22
},
{
"act_id": 36,
"details": "20. A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same. Illustration A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a license necessary to the validity of the under lease, and that, if the license is not procured, A will pay B taka 10,000. A refuses to apply for the license and offers to pay B the taka 10,000. B is nevertheless entitled to have the contract specifically enforced it C consents to give the license.",
"name": "Liquidation of damages not a bar to specific performance",
"related_acts": "",
"section_id": 23
},
{
"act_id": 36,
"details": "21. The following contracts cannot be specifically enforced:– (a)\ta contract for the non-performance of which compensation in money is an adequate relief; (b)\ta contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms; (c)\ta contract the terms of which the Court cannot find with reasonable certainty; (d)\ta contract which is in its nature revocable; (e)\ta contract made by trustees either in excess of their powers or in breach of their trust; (f)\ta contract made by or on behalf of a corporation or public company created for special purposes, or by the promoters of such company, which is in excess of its powers; (g)\ta contract the performance of which involves the performance of a continuous duty extending over a longer period than three years from its date; (h)\ta contract of which a material part of the subject- matter, supposed by both parties to exist, has, before it has been made, ceased to exist. And, save as provided by the Arbitration Act, 1940, no contract to refer present or future differences to arbitration shall be specifically enforced; but if any person who has made such a contract other than an arbitration agreement to which the provisions of the said Act apply and has refused to perform it sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. Illustrations to (a)- A contracts to sell, and B contracts to buy, a lakh of taka in the four per cent loan of the 6* * * Government. A contracts to sell, and B contracts to buy, 40 chests of indigo at taka 1,000 per chest: In consideration of certain property having been transferred by A to B, B contracts to open a credit in A's favour to extent of taka 10,000, and to honour A's drafts to that amount: The above contracts cannot be specifically enforced, for in the first and Second both A and B, and in the third A, would be reimbursed by compensation in money. to (b)- A contracts to render personal service to B: A contracts to employ B on personal service: A, an author, contracts with B, a publisher, to complete a literary work: B cannot enforce specific performance of these contracts. A contracts to buy B's business at the amount of a valuation to be made by two valuers, one to be named by A and the other by B. A and B each name a valuer, but before the valuation is made, A instructs his valuer not to proceed: By a charter-party entered into in Chittagong between A, the owner of a ship, and B, the charterer, it is agreed that the ship shall proceed to Karachi and there load a cargo of rice, and thence proceed to London, freight to be paid, one-third on arrival at Karachi, and two-thirds on delivery of the cargo in London: A lets land to B and B contracts to cultivate it in a particular manner for three years next after the date of the lease: A and B contract that, in consideration of annual advances to be made by A, B will for three years next after date of the contract grow particular crops on the land in his possession and deliver them to A when cut and ready for delivery: A contracts with B that, in consideration of taka 1,000 to be paid to him by B, he will paint a picture for B: A contracts with B to execute certain works which the Court cannot superintend: A contracts to supply B with all the goods of certain class which B may require: A contracts with B to take from B a lease of a certain house for a specified term, at a specified rent, \"if the drawing-room is hand somely decorated\", even if it is held to have so much certainty that compensation can be recovered for its breach: A contracts to marry B: The above contracts cannot be specifically enforced. to (c)- A, the owner of a refreshment-room, contracts, with B to give him accommodation there for the sale of his goods and to furnish him with the necessary appliances. A refuses to perform his contract. The case is one for compensation and not for specific performance, the amount and nature of the accommodation and appliances being undefined. to (d)- A and B contract to become partners in a certain business, the contract not specifying the duration of the proposed partnership. This contract cannot be specifically performed, for, if it were so performed, either A or B might at once dissolve the partnership. to (e)- A is a trustee of land with power to lease it for seven years. He enters into a contract with B to grant a lease of the land for seven years, with a covenant to renew the lease at the expiry of the term. This contract cannot be specifically enforced. The Directors of a company have power to sell the concern with the sanction of a general meeting of the shareholders. They contract to sell it without any such sanction. This contract cannot be specifically enforced. Two trustees, A and B, empowered to sell trust-property worth a lakh of taka contract to sell it to C for taka 30,000. The contract is so disadvantageous as to be a breach of trust. C cannot enforce its specific performance. The promoters of a company for working mines contract that the company, when formed, shall purchase certain mineral property. They take no proper precautions to ascertain the value of such property- and in fact agree to pay an extravagant price therefore. They also stipulate that the vendors shall give them a bonus out of the purchase-money. This contract cannot be specifically enforced. to (f)- A company existing for the sole purpose of making and working a railway contract for the purchase of a piece of land for the purpose of erecting a cotton-mill thereon. This contract cannot be specifically enforced. to (g)- A contracts to let for twenty-one years to B the right to use such part of certain railway made by A as was upon B's land, and that B should have a right of running carriages over the whole line on certain terms, and might require A to supply the necessary engine-power, and that A should during the term keep the whole railway in good repair. Specific performance of this contract must be refuse to B. to (h)- A contracts to pay an annuity to B for the lives of C and D. It turns out that, at the date of the contract, C, though supposed by A and B to be alive, was dead. The contract cannot be specifically performed.",
"name": "Contracts not specifically enforceable",
"related_acts": "",
"section_id": 24
},
{
"act_id": 36,
"details": "721A. Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no contract for sale of any immovable property can be specifically enforced unless– (a)\tthe contract is in writing and registered under the Registration Act, 1908, whether or not the transferee has taken possession of the property or any part thereof; and (b)\tthe balance amount of consideration of the contract is deposited in the court at the time of filing the suit for specific performance of the contract.",
"name": "Unregistered contract for sale not specifically enforceable",
"related_acts": "90",
"section_id": 25
},
{
"act_id": 36,
"details": "22. The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The following are cases in which the Court may properly exercise a discretion not to decree specific performance:- I. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresen-tation on the plaintiff's part. Illustrations (a) \tA, a tenant for life of certain property, assigns his interest therein to B. C contracts to buy, and B contracts to sell, that interest. Before the contract is completed, A receives a mortal injury from the effects of which he dies the day after the contract is executed. If B and C were equally ignorant or equally aware of the fact, B is entitled to specific performance of the contract. If B knew the fact, and C did not, specific performance of the contract should be refused to B. (b) \tA contracts to sell to B the interest of C in certain stock-in-trade. It is stipulated that the sale shall stand good, even though it should turn out that C's is interest is worth nothing. In fact, the value of C's interest depends on the result of certain partnership-accounts, on which he is heavily in debt to his partners. This indebted is known to A, but not to B. Specific performance of the contract should be refused to A. (c) \tA contracts to sell, and B contracts to buy, certain land. To protect the land from floods, it is necessary for its owner to maintain an expensive embankment. B does not know of this circumstance, and A conceals it from him. Specific performance of the contract should be refused to A. (d) \tA's property is put up to auction. B requests C, A's attorney, to bid for him. C does this inadvertently and in good faith. The persons present, seeing the vendor's attorney bidding, think that he is a mere puffer and cease to compete. The lot is knocked down to B at a low price. Specific performance of the contract should be refused to B. II. \tWhere the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff. Illustrations (e) \tA is entitled to some land under his father's will on condition that if he sells it within twenty-five years, half the purchase-money shall go to B. A, forgetting the condition, contracts, before the expiration of the twenty-five years, to sell the land to C. Here the enforcement of the contract would operate so harshly on A, that the Court will not compel its specific performance in favour of C. (f) \tA and B, trustees, join their beneficiary, C, in a contract to sell the trust-estate to D, and personally agree to exonerate the estate from heavy encumbrances to which it is subject. The purchase-money is not nearly enough to discharge those encumbrances, though, at the date of the contract, the vendors believed it to be sufficient. Specific performance of the contract should be refused to D. (g) \tA, the owner of an estate, contracts to sell it to B, and stipulates that he, A, shall not be obliged to define its boundary. The estate really comprises a valuable property, not known to either to be part of it. Specific performance of the contract should be refused to B unless he waives his claim to the unknown property. (h) \tA contracts with B to sell him certain land, and to make a road to it from a certain railway-station. It is found afterwards that A cannot make the road without exposing himself to litigation. Specific performance of the part of the contract relating to the road should be refused to B, even though it may be held that he is entitled to specific performance of the rest with compensation for loss of the road. (i) \tA, a lessee of mines, contracts with B, his lessor, that at any time during the continuance of the lease B may give notice of his desire to take the machinery and plant used in and about the mines, and that he shall have the articles specified in his notice delivered to him at a valuation on the expiry of the lease. Such a contract might be most injurious to the leasee's business, and specific performance of it should be refused to B. (j) \tA contracts to buy certain land from B. The contract is silent as to access to the land. No right of way to it can be shown to exist. Specific performance of the contract should be refused to B. (k) \tA contracts with B to buy from B's manufactory and not elsewhere all the goods of a certain class used by A in his trade. The Court cannot compel B to supply the goods, but if he does not supply them, A may be ruined, unless he is allowed to buy them elsewhere. Specific performance of the contract should be refused to B. The following is a case in which the Court may properly exercise a discretion to decree specific performance: – III.\tWhere the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. Illustration A sells land to a railway-company, who contract to execute certain works for his convenience. The company takes the land and used it for their railway. Specific performance of the contract to execute the works should be decreed in favour of A.",
"name": "Discretion as to decreeing specific performance",
"related_acts": "",
"section_id": 26
},
{
"act_id": 36,
"details": "23. Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by- (a)\tany party thereto; (b)\tthe representative in interest, or the principal, of any party thereto: provided that, where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless where his part thereof has already been performed; (c) \twhere the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) \twhere the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) \ta reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; (f) \ta reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach; (g) \twhen a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation; (h) \twhen the promoters of a public company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company.",
"name": "Who may obtain specific performance",
"related_acts": "",
"section_id": 27
},
{
"act_id": 36,
"details": "24. \tSpecific performance of a contract cannot be enforced in favour of a person- (a)\twho could not recover compensation for its breach; (b)\twho has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed; (c)\twho has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or (d)\twho, previously to the contract, had notice that a settlement of the subject-matter thereof (though not founded on any valuable consideration) had been made and was then in force. Illustrations to clause (a)- A, in the character of agent for B, enters into an agreement with C to buy C's house. A is in reality acting, not as agent for B, but on his own account. A cannot enforce specific performance of this contract. to clause (b)- A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract. A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B's consent fells the trees. A cannot enforce specific performance of the contract. A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusbandlike manner. A cannot enforce specific performance of the contract. A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it. to clause (c)- A contracts to let, and B contracts to take, a house for specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contact.",
"name": "Personal bars to the relief",
"related_acts": "",
"section_id": 28
},
{
"act_id": 36,
"details": "25. \tA contracts for the sale or letting of property, whether moveable or immoveable, cannot be specifically enforced in favour of a vendor or lessor- (a)\twho, knowing himself not to have any title to the property, has contracted to sell or let the same; (b)\twho, though he entered into the contract believing that he had a good title to the property, cannot, at the time fixed by the parties or by the Court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt; (c)\twho, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject-matter of the contract. Illustrations (a) \tA, without C's authority, contracts to sell to B an estate which A knows to belong to C. A cannot enforce specific performance of this contract, even though C is willing to confirm it. (b) \tA bequeaths his land to trustees, declaring that they may sell it with the consent in writing of B. B gives a general prospective assent in writing to any sale which the trustees may make. The trustees then enter into a contract with C to sell him the land. C refuses to carry out the contract. The trustees cannot specifically enforce this contract, as, in the absence of B's consent to the particular sale to C, the title which they can give C is, as the law stands not free from reasonable doubt. (c) \tA, being in possession of certain land, contracts to sell it to Z. On inquiry it turns out that A claims the land as heir of B, who left the country several years before, and is generally believed to be dead, but of whose death there is no sufficient proof. A cannot compel Z specifically to perform the contract. (d) \tA, out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contract to sell property to a stranger. A cannot enforce specific performance of this contract so as to override the settlement, and thus prejudice the interest of the persons claiming under it.",
"name": "Contracts to sell property by one who has no title, or who \tis a voluntary settler",
"related_acts": "",
"section_id": 29
},
{
"act_id": 36,
"details": "26. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases (namely):- (a)\twhere by fraud or mistake of fact the contract of which performance is sought is in terms different from that which the defendant supposed it to be when he entered into it; (b)\twhere by fraud, mistake of fact, or surprise the defendant entered into the contract under a reasonable misapprehension as to its effect as between himself and the plaintiff; (c)\twhere the defendant, knowing the terms of the contract and understanding its effect, has entered into it relying upon some misrepresentation by the plaintiff, or upon some stipulation on the plaintiff's part, which adds to the contract, but which he refuses to fulfil; (d)\twhere the object of the parties was to produce a certain legal result, which the contract as framed is not calculated to produce; (e)\twhere the parties have, subsequently to the execution of the contract, contracted to vary it. Illustrations (a)\tA, B and C sign a writing by which they purport to contract each to enter into a bond to D for taka 1,000. In a suit by D, to make A, B and C separately liable each to the extent of taka 1,000, they prove that the word \"each\" was inserted by mistake; that the intention was that should give a joint bound for taka 1,000. D can obtain the performance sought only with the variation thus set up. (b)\tA sues B to compel specific performance of a contract in writing to buy a dwelling-house. B proves that he assumed that the contract included and adjoining yard, and the contract was so framed as to leave it doubtful whether the yard was so included or not. The Court will refuse to enforce the contract, except with the variation set up by B. (c) A contracts in writing to let to B a wharf, together with a strip of A's land delineated in a map. Before signing the contract, B proposed orally that he should be at liberty to substitute for the strip mentioned in the contract another strip of A's land of the same dimensions, and to this A expressly assented. B then signed the written contract. A cannot obtain specific performance of the written contract, except with the variation set up by B. (d) A and B enter into negotiations for the purpose of securing land for B for his life, with remainder to his issue. They execute a contract, the terms of which are found to confer an absolute ownership on B. The contract so framed cannot be specifically enforced. (e) \tA contracts in writing to let a house to B, for a certain term, at the rent of taka 100 per month, putting it first into tenantable repair. The house turns out to be not worth repairing, so, with B's consent, A pulls it down and erects a new house in its place: B contracting orally to pay rent at taka 120 per mensem. B then sues to enforce specific performance of the contract in writing. He cannot enforce it except with the variations made by the subsequent oral contract.",
"name": "Non-enforcement except with variation",
"related_acts": "",
"section_id": 30
},
{
"act_id": 36,
"details": "27A. \tSubject to the provisions of this Chapter, where a contract to lease immoveable property is made in writing signed by the parties thereto or on their behalf, either party may, notwithstanding that the contract, though required to be registered, has not been registered, sue the other for specific performance of the contract if,- (a)\twhere specific performance is claimed by the lessor, he has delivered possession of the property to the lessee in part performance of the contract; and (b)\twhere specific performance is claimed by the lessee, he has, in part performance of the contract, taken possession of the property, or, being already in possession, continues in possession in part performance of the contract, and has done some act in furtherance of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof. This section applies to contracts to lease executed after the first day of April, 1930.",
"name": "Specific performance in case of part performance of contract to lease",
"related_acts": "",
"section_id": 31
},
{
"act_id": 36,
"details": "27. \tExcept as otherwise provided by this Chapter, specific performance of a contract may be enforced against- (a) \teither party thereto; (b)\tany other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c)\tany person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; (d)\twhen a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation; (e)\twhen the promoters of a public company have, before its incorporation, entered into a contract, the company: provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation. Illustrations to clause (b)- A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land. B may compel A's heir or other representative in interest to perform the contract specifically. A contracts to sell certain land to B for taka 5,000. A afterwards conveys the land for taka 6,000 to C, who has notice of the original contract. B may enforce specific performance of the contract as against C. A contracts to sell land to B for taka 5000. B takes possession of the land. Afterwards A sells it to C for taka 6,000. C makes no inquiry of B relating to his interest in the land. B's possession is sufficient to affect C with notice of his interest, and he may enforce specific performance of the contract against C. A contracts, in consideration of taka 1,000 to bequeath certain of his lands to B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C. A contracts to sell certain land to B. Before the completion of the contract, A becomes a lunatic and C is appointed his committee. B may specifically enforce the contract against C. to clause (c)- A, the tenant for life of an estate, with remainder to B, in due exercise of a power conferred by the settlement under which he is tenant for life, contracts to sell the estate to C, who has notice of the settlement. Before the sale is completed, A dies. C may enforce specific performance of the contract against B. A and B are joint tenants of land, his undivided moiety of which either may alien in his life time, but which, subject to that right, devolves on the survivor. A contracts to sell his moiety to C and dies. C may enforce specific performance of the contract against B.",
"name": "Relief against parties and persons claiming under them by \tsubsequent title",
"related_acts": "",
"section_id": 32
},
{
"act_id": 36,
"details": "28. \tSpecific performance of a contract cannot be enforced against a party thereto in any of the following cases:- (a)\tif the consideration to be received by him is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff; (b)\tif his assent was obtained by the misrepresentation (whether wilful or innocent), concealment, circumvention or unfair practices, of any party to whom performance would become due under the contract, or by a promise of such party which has not been substantially fulfilled; (c)\tif his assent was given under the influence of mistake of fact, misapprehension or surprise: Provided that, when the contract provides for compensation in case of mistake, compensation may be made for a mistake within the scope of such provision, and the contract may be specifically enforced in other respects if proper to be so enforced. Illustrations to clause (c)- A, one of two executors, in the erroneous belief that he had the authority of his co-executor, enters into an agreement for the sale to B of his testator's property. B cannot insist on the sale being completed. A directs an auctioneer to sell certain land. A afterwards revokes the auctioneer's authority as to 20 bighas of this land, but the auctioneer inadvertently sells the whole to B, who has not notice of the revocation. B cannot enforce specific performance of the agreement.",
"name": "What parties cannot be compelled to perform",
"related_acts": "",
"section_id": 33
},
{
"act_id": 36,
"details": "29. The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be.",
"name": "Bar of suit for breach after dismissal",
"related_acts": "",
"section_id": 34
},
{
"act_id": 36,
"details": "30. The provisions of this Chapter as to contracts shall, mutatis mutandis, apply to awards and to directions in a will or codicil to execute a particular settlement.",
"name": "Application of preceding sections to awards and \ttestamentary directions to execute settlements",
"related_acts": "",
"section_id": 35
},
{
"act_id": 36,
"details": "31. When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified; and if the Court find it clearly proved that there has been fraud or mistake in framing the instrument, and ascertain the real intention of the parties in executing the same, the Court may in its discretion rectify the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value. Illustrations (a) \tA, intending to sell to B his house and one of three godowns adjacent to it, execute a conveyance prepared by B, in which, through B's fraud, all three godowns are included. Of the two godowns which were fraudulently included, B gives one to C and lets the other to D for a rent, neither C nor D having any knowledge of the fraud. The conveyance may, as against B and C, be rectified so as to exclude from it the godown given to C; but it cannot be rectified so as to affect D's lease. (b) \tBy a marriage settlement, A, the father of B, the intended wife, covenants with C, the intended husband, to pay to C, his executors, administrators and assigns, during A's life, an annuity of taka 5,000. C dies insolvent and the official assignee claims the annuity from A. The Court, on finding it clearly proved that the parties always intended that this annuity should be paid as a provision for B and her children, may rectify the settlement and decree that the assignee has no right to any part of the annuity.",
"name": "When instrument may be rectified",
"related_acts": "",
"section_id": 36
},
{
"act_id": 36,
"details": "32. For the purpose of rectifying a contract in writing, the Court must be satisfied that all the parties thereto intended to make an equitable and conscientious agreement.",
"name": "Presumption as to intent of parties",
"related_acts": "",
"section_id": 37
},
{
"act_id": 36,
"details": "33. In rectifying a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.",
"name": "Principles of rectification",
"related_acts": "",
"section_id": 38
},
{
"act_id": 36,
"details": "34. A contract in writing may be first rectified and then, if the plaintiff has so prayed in his plaint and the Court thinks fit, specifically enforced. Illustration A contracts in writing to pay his attorney, B, a fixed sum in lieu of costs. The contract contains mistakes as to the name and rights of the client, which, if construed strictly, would exclude B from all rights under it. B is entitled, if the Court thinks, fit, to have it rectified, and to an order for payment of the sum, as if at the time of its execution it had expressed the intention of the parties.",
"name": "Specific enforcement of rectified contract",
"related_acts": "",
"section_id": 39
},
{
"act_id": 36,
"details": "35. Any person interested in a contract in writing may sue to have it rescinded, and such rescission may be adjudged by the Court in any of the following cases, namely:- (a)\twhere the contract is viodable or terminable by the plaintiff; (b)\twhere the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff; (c)\twhere a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the Court has ordered him to pay. When the purchaser or lessee is in possession of the subject-matter, and the Court finds that such possession is wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require. Illustrations to (a)- A sells a field to B. There is a right of way over the field of which A has direct personal knowledge, but which he conceals from B. B is entitled to have the contract rescinded.to (b)- A, an 8Advocate, induces his client B, a Hindu widow, to transfer property to him for the purpose of defrauding B's creditors. Here the parties are not equally in fault, and B is entitled to have the instrument of transfer rescinded.",
"name": "When rescission may be adjudged",
"related_acts": "",
"section_id": 40
},
{
"act_id": 36,
"details": "36. \tRescission of a contract in writing cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made.",
"name": "Rescission for mistake",
"related_acts": "",
"section_id": 41
},
{
"act_id": 36,
"details": "37. \tA plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.",
"name": "Alternative prayer for rescission in suit for specific \tperformance",
"related_acts": "",
"section_id": 42
},
{
"act_id": 36,
"details": "38. \tOn adjudging the rescission of a contract, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require.",
"name": "Court may require party rescinding to do equity",
"related_acts": "",
"section_id": 43
},
{
"act_id": 36,
"details": "39. \tAny person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or viodable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. If the instrument has been registered under the 9Registration Act, 1908, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation. Illustrations (a) \tA, the owner of a ship by fraudulently representing her to be seaworthy, induces B, an underwriter, to insure her. B may obtain the cancellation of the policy. (b) \tA conveys land to B, who bequeaths it to C and dies. Thereupon D gets possession of the land and produces a forged instrument stating that the conveyance was made to B in trust for him. C may obtain the cancellation of the forged instrument. (c) \tA, representing that the tenants on his land were all at will, sells it to B, and conveys it to him by an instrument, dated the 1st January, 1877. Soon after that day, A fraudulently grants to C a lease of part of the lands, dated the 1st October, 1876, and procures the lease to be registered under the Indian Registration Act. B may obtain the cancellation of this lease. (d) A agrees to sell and deliver a ship to B, to be paid for by B's acceptances of four bills of exchange, for sums amounting to taka 30,000, to be drawn by A on B. The bills are drawn and accepted, but the ship is not delivered according to the agreement. A sues B on one of the bills. B may obtain the cancellation of all the bills.",
"name": "When cancellation may be ordered",
"related_acts": "90",
"section_id": 44
},
{
"act_id": 36,
"details": "40. Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. Illustration A draws a bill on B, who endorses it to C, by whom it appears to be endorsed to D, who endorses it to E. C's endorsement is forged. C is entitled to have such endorsement cancelled, leaving the bill to stand in other respects.",
"name": "What instruments may be partially cancelled",
"related_acts": "",
"section_id": 45
},
{
"act_id": 36,
"details": "41. On adjudging the cancellation of an instrument, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require.",
"name": "Power to require party for whom instrument is cancelled \tto make compensation",
"related_acts": "",
"section_id": 46
},
{
"act_id": 36,
"details": "42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation - A trustee of property is a \"person interested to deny\" a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee. Illustrations (a) \tA is lawfully in possession of certain land. The inhabitants of a neighboring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed. (b) \tA bequeaths his property to B, C and D, “to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children\". No such children are in existence. In a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interests of the children before their rights are vested. (c) \tA covenants that, if he should at any time be entitled to property exceeding one lakh of taka, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. The Court may make the declaration. (c) \tA covenants that, if he should at any time be entitled to property exceeding one lakh of taka, he will settle it upon certain trusts. Before any such property accrues, or any persons entitled under the trusts are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. The Court may make the declaration. (d) A alienates to B property in which A has merely a life interest. The alienation is invalid as against C, who is entitled as reversioner. The Court may in a suit by C against A and B declare that C is so entitled. (e) \tThe widow of a sonless Hindu alienates part of the property of which she is in possession as such. The person presumptively entitled to possess the property if he survive her may, in a suit against the alliance, obtain a declaration that the alienation was made without legal necessity and was therefore void beyond the widow's lifetime. (f) \tA Hindu widow in possession of property adopts a son to her deceased husband. The person presumptively entitled to possession of the property on her death without a son may, in a suit against the adopted son, obtain a declaration that the adoption was invalid. (g) \tA is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property. (h) \tA bequeaths property to B for his life, with remainder to B's wife and her children, if any, by B, but if B die without any wife or children, to C. B has a putative wife, D, and children, but C denies that B and D were ever lawfully married. D and her children, may, in B's lifetime, institute a suit against C and obtain therein a declaration that they are truly the wife and children of B.",
"name": "Discretion of Court as to declaration of status or right. Bar \tto such declaration",
"related_acts": "",
"section_id": 47
},
{
"act_id": 36,
"details": "43. \tA declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. Illustration A, a Hindu, in a suit to which B, his alleged wife, and her mother, are defendants, seeks a declaration that his marriage was duly solemnized and an order for the restitution of his conjugal rights. The Court makes the declaration and order. C, claiming that B is his wife, then sues A for the recovery of B. The declaration made in the former suit is not binding upon C.",
"name": "Effect of declaration",
"related_acts": "",
"section_id": 48
},
{
"act_id": 36,
"details": "44. \tThe appointment of a receiver pending a suit is a matter resting in the discretion of the Court. The mode and effect of his appointment, and his rights, powers, duties and liabilities, are regulated by the Code of Civil Procedure.",
"name": "Appointment of receivers discretionary. Reference to Code of Civil Procedure.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 36,
"details": "Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 50
},
{
"act_id": 36,
"details": "52. Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.",
"name": "Preventive relief how granted",
"related_acts": "",
"section_id": 51
},
{
"act_id": 36,
"details": "53. Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure. A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit: the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.",
"name": "Temporary injunctions Perpetual injunctions",
"related_acts": "",
"section_id": 52
},
{
"act_id": 36,
"details": "54. Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication. When such obligation arises from contract, the Court shall be guided by the rules and provisions contained in Chapter II of this Act. When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the Court may grant a perpetual injunction in the following cases (namely):- (a) \twhere the defendant is trustee of the property for the plaintiff; (b) \twhere there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; (c) \twhere the invasion is such that pecuniary compensation would not afford adequate relief; (d) \twhere it is probable that pecuniary compensation cannot be got for the invasion; (e) \twhere the injunction is necessary to prevent a multiplicity of judicial proceedings. Explanation - For the purpose of this section a trademark is property. Illustrations (a) \tA lets certain lands to B and B contracts not to dig sand or gravel thereout. A may sue for an injunction to restrain B from digging in violation of his contract. (b) \tA trustee threatens a breach of trust. His co-trustees, if any, should, and the beneficial owners may, sue for an injunction to prevent the breach. (c)\tThe directors of a public company are about to pay a dividend out of capital or borrowed money. Any of the shareholders may sue for an injunction to restrain them. (d) \tThe directors of a fire and life-insurance company are about to engage in marine insurances. Any of the shareholders may sue for an injunction to restrain them. (e) \tA, an executor, through misconduct or insolvency, is bringing the property of the deceased into danger. The Court may grant an injunction to restrain him from getting in the assets. (f) \tA, a trustee for B, is about to make an imprudent sale of a small part of the trust-property. B may sue for an injunction to restrain the sale, even though compensation in money would have afforded him adequate relief. (g) \tA makes a settlement (not founded on marriage or other valuable consideration) of an estate on B and his children. A then contracts to sell the estate to C. B or any of his children may sue for an injunction to restrain the Sale. (h) \tIn the course of A's employment as a vakil, certain papers belonging to his client, B, come into his possession. A threatens to make these papers public, or to communicate their contents to a stranger. B may sue for an injunction to restrain A from so doing. (i) \tA is B's medical adviser. He demands money of B which B declines to pay. A then threatens to make known the effect of B's communications to him as a patient. This is contrary to A's duty, and B may sue for an injunction to restrain him from so doing. (j) \tA, the owner of two adjoining houses, lets, one to B and after-wards lets the other to C. A and C begin to make such alterations in the house let to C as will prevent the comfortable enjoyment of the house let to B. B may sue for an injunction to restrain them from so doing. (k) \tA lets certain arable lands to B for purposes of husbandry, but without any express contracts as to the mode of cultivation. Contrary to the mode of cultivation customary in the district, B threatens to sow the lands with seed injurious thereto and requiring many years to eradicate. A may sue or an injunction to restrain B from sowing the lands in contravention of his implied contract to use them in a husband like manner. (l) A, B and C are partners, the partnership being determinable at will. A threatens to do an act tending to the destruction of the partnership-property. B and C may, without seeking a dissolution of the partnership, sue for an injunction to restrain A from doing the act. (m) \tA, a Hindu widow in possession of her deceased husband's property, commits destruction of the property without any cause sufficient to justify her in so doing. The heir-expectant may sue for an injunction to restrain her. (n) \tA, B and C are members of an undivided Hindu family. A cuts timber growing on the family-property, and threatens to destroy part of the family-house and to sell some of the family-utensils. B and C may sue for an injunction to restrain him. (o) \tA, the owner of certain houses in Chittagong, becomes insolvent B buys them from the Official Assignee and enters into possession. A persists in trespassing on and damaging the houses, and B is thereby compelled, at considerable expense, to employ men to protect the possession. B may sue for an injunction to restrain further acts of trespass. (p) \tThe inhabitants of a village claim a right of way over A's land. In a suit against several of them, A obtains a declaratory decree that his land is subject to no such right. Afterwards each of the other villagers sues A for obstructing his alleged right of way over land. A may sue for an injunction to restrain them. (q)\tA, in an administration-suit to which a creditor, B, is not a party, obtains a decree for the administration of C's assets. B proceeds against C's estate for his debt. A may sue for an injunction to restrain B. (r) \tA and B are in possession of contiguous lands and of the mines underneath them. A works his mine so as to extend under B's mines and threatens to remove certain pillars which help to support B's mine. B may sue for and injunction to restrain him from so doing. (s)\tA rings bells or makes some other unnecessary noise so near a house as to interfere materially and unreasonably with the physical comfort of the occupier, B. B may sue for an injunction restraining A from making the noise. (t) \tA pollutes the air with smoke so as to interfere materially with the physical comfort of B and C, who carry on business in a neighbouring house. B and C may sue for an injunction to restrain the pollution. (u) \tA infringes B's patent. If the Court is satisfied that the patent is valid and has been infringed, B may obtain an injunction to restrain the infringement. (v) \tA pirates B's copyright. B may obtain an injunction to restrain the piracy, unless the work of which copyright is claimed is lebellous or obscene. (w) \tA improperly uses the trademark of B. B may obtain an injunction to restrain the user, provided that B's use of the trademark is honest. (x) \tA, a trades man, holds out B as his partner against the wish and without the authority of B. B may sue for an injunction to restrain A from so doing. (y)\tA, a very eminent man, writes letters on family-topics to B. After the death of A and B, C, who is B's residuary legatee, proposes to make money by publishing A's letters. D, who is A's executor, has a property, in the letters, and may, sue for an injunction to restrain C from publishing them. (z) \tA carries on a manufactory and B is his assistant. In the course of his business, A imparts to B a secret process of value. B afterwards demands money of A, threatening, in case of refusal, to disclose the process to C, a rival manufacturer. A may sue for an injunction to restrain B from disclosing the process.",
"name": "Perpetual injunctions when granted",
"related_acts": "",
"section_id": 53
},
{
"act_id": 36,
"details": "55. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. Illustrations (a)\tA, by new buildings, obstructs lights to the access and use of which B has acquired a right under the 10Limitation Act, 1908 Part IV. B may obtain an injunction, not only to restrain A from going on with the buildings, but also to pull down so much of them as obstructs B's lights. (b) \tA builds a house with eaves projecting over B's land. B may sue for an injunction to pull down so much of the eaves as so project. (c) \tIn the case put as illustration (i) to section 54, the Court may also order all written communications made by B, as patient, to A, as medical adviser, to be destroyed. (d) \tIn the case put as illustration (y) to section 54, the Court may also order A's letters to be destroyed. (e) \tA threaten to publish statement concerning B which would be punishable under Chapter XXI of the 11Penal Code. The Court may grant an injunction to restrain the publication, even though it may be shown not to be injurious to B's property. (f) \tA, being B's medical adviser, threatens to publish B's written communications with him, showing that B has led an immoral life. B may obtain an injunction to restrain the publication. (g) \tIn the cases put as illustrations (v) and (w) to section 54 and in illustrations (e) and (f) to this section, the Court may also order the copies produced by piracy, and the trade-marks, statements and communications, therein respectively mentioned, to be given up or destroyed.",
"name": "Mandatory injunctions",
"related_acts": "88",
"section_id": 54
},
{
"act_id": 36,
"details": "56. An injunction cannot be granted- (a)\tto stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b)\tto stay proceedings in a Court not subordinate to that from which the injunction is sought; (c)\tto restraint persons from applying to any legislative body; (d)\tto interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign Government; (e)\tto stay proceedings in any criminal matter; (f)\tto prevent the breach of a contract the performance of which would not be specifically enforced; (g)\tto prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (h)\tto prevent a continuing breach in which the applicant has acquiesced; (i)\twhen equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; (j)\twhen the conduct of the applicant on his agents has been such as to disentitle him to the assistance of the Court; (k)\twhere the applicant has no personal interest in the matter. Illustrations (a) \tA seeks an injunction to restrain his partner, B, from receiving the partner-ship-debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction. (b) \tA manufactures and sells crucibles, designating them as \"patent plumbago crucibles\", though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy. (c) \tA sells an article called \"Mexican Balm,\" stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consists of nothing but scented hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.",
"name": "Injunction when refused",
"related_acts": "",
"section_id": 55
},
{
"act_id": 36,
"details": "57. Notwithstanding section 56, clause (f), where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the Court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: provided that the applicant has not failed to perform the contract so far as it is binding on him. Illustrations (a) \tA contracts to sell to B for taka 1,000 the good-will of a certain business unconnected with business-premises, and further agrees not to carry on that business in Chittagong. B pays A the taka 1,000 but A carries on the business in Chittagong. The Court cannot compel A to send his customers to B, but B may obtain an injunction restraining A from carrying on the business in Chittagong. (b) \tA contracts to sell to B the good-will of a business. A then sets up similar business close by B's shop and solicits his old-customers to deal with him. This is contrary to his implied contract, and B may obtain an injunction to restrain A from soliciting the customers, and from doing any act whereby their good-will may be withdrawn from B. (c) \tA contracts with B to sing for twelve months as B's theatre and not to sing in public elsewhere, B cannot obtain specific performance of the contract to sing, but he is entitled to an injunction restraining A from singing at any other place of public entertainment. (d) \tB contracts with A that he will serve him faithfully for twelve months as a clerk. A is not entitled to a decree for specific performance of the contract. But he is entitled to an injunction restraining B from serving a rival house as clerk. (e) \tA contracts with B that, in consideration of taka 1,000 to be paid to him by B on a day fixed, he will not set up a certain business within a specified distance. B fails to pay the money. A cannot be restrained from carrying on the business within the specified distance.",
"name": "Injunction to perform negative agreement",
"related_acts": "",
"section_id": 56
}
],
"text": "1♣An Act to define and amend the law relating to certain kinds of Specific Relief. Preamble WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:-"
} |
{
"id": 37,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"Board of Land Administration\" were substituted, for the word \"Government\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Treasure-Trove Act, 1878",
"num_of_sections": 29,
"published_date": "13th February, 1878",
"related_act": [
37,
430
],
"repelled": false,
"sections": [
{
"act_id": 37,
"details": "1. This may be called the Treasure-Trove Act, 1878.",
"name": "Short title",
"related_acts": "37",
"section_id": 1
},
{
"act_id": 37,
"details": "It extends to the whole of 2Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 37,
"details": "2. Repealed by the Amending Act, 1891 (XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 37,
"details": "3. In this Act–",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 37,
"details": "\" treasure\" means anything of any value hidden in the soil, or in anything affixed thereto:",
"name": "\"Treasure\"",
"related_acts": "",
"section_id": 5
},
{
"act_id": 37,
"details": "\"Collector\" means (1) any Revenue-officer in independent charge of a district, and (2) any officer appointed by the Government to perform the functions of a collector under this Act.",
"name": "\"Collector\"",
"related_acts": "",
"section_id": 6
},
{
"act_id": 37,
"details": "When any person is entitled, under any reservation in an instrument of transfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for the purposes of this Act, be deemed to be the owner of such land or thing.",
"name": "\"Owner\"",
"related_acts": "",
"section_id": 7
},
{
"act_id": 37,
"details": "PROCEDURE ON FINDING TREASURE 4. Whenever any treasure exceeding in amount or value ten taka is found, the finder shall, as soon as practicable, give to the Collector notice in writing- (a)\tof the nature and amount or approximate value of such treasure; (b)\tof the place in which it was found; (c)\tof the date of the finding; and either deposit the treasure in the nearest Government treasury, or give the Collector such security as the Collector thinks fit, to produce the treasure at such time and place as he may from time to time require.",
"name": "Notice by finder of treasure",
"related_acts": "",
"section_id": 8
},
{
"act_id": 37,
"details": "5. On receiving a notice under section 4, the collector shall, after making such enquiry (if any) as he thinks fit, Take the following steps (namely):- (a)\the shall publish a notification in such manner as the Government from time to time prescribes in this behalf, to the effect that on a certain date (mentioning it) certain treasure (mentioning its nature, amount and approximate value) was found in a certain place (mentioning it); and requiring all persons claiming the treasure, or any part thereof to appear personally or by agent before the Collector on a day and at a place therein mentioned, such day not being earlier than four months, or later than six months, after the date of the publication of such notification; (b) \twhen the place in which the treasure appears to the Collector to have been found was at the date of the finding in the possession of some person other than the finder, the Collector shall also serve on such person a special notice in writing to the same effect.",
"name": "Notification requiring claimants to appear",
"related_acts": "",
"section_id": 9
},
{
"act_id": 37,
"details": "6. Any person having any right to such treasure or any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required by the notification issued under section 5, shall forfeit such right.",
"name": "Forfeiture of right on failure to appear",
"related_acts": "",
"section_id": 10
},
{
"act_id": 37,
"details": "7. On the notified under section 5, the Collector shall cause the treasure to be produced before him, and shall enquire as to and determine:- (a)\tthe person by whom, the place in which, and the circumstances under which, such treasure was found; and (b)\tas far as is possible, the person by whom, and the circumstances under which, such treasure was hidden.",
"name": "Matters to be enquired into and determined by the Collector",
"related_acts": "",
"section_id": 11
},
{
"act_id": 37,
"details": "8. If, upon an enquiry made under section 7, the Collector sees reason to believe that the treasure was hidden within one hundred years before the date of the finding, by a person appearing as required by the said notification and claiming such treasure, or by some other person under whom such person claims, the Collector shall make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a suit being instituted in the Civil Court by the claimant, to establish his right.",
"name": "Time to be allowed for suit by person claiming the treasure",
"related_acts": "",
"section_id": 12
},
{
"act_id": 37,
"details": "Any person aggrieved by a declaration made under this section may appeal against the same within two months from the date thereof to the 3Board of Land Administration. Subject to such appeal, every such declaration shall be final and conclusive.",
"name": "Appeal against such declaration",
"related_acts": "",
"section_id": 13
},
{
"act_id": 37,
"details": "9. If upon such enquiry the Collector sees no reason to believe that the treasure was so hidden; or if, where a period is fixed under section 8, no suit is instituted as aforesaid within such period to the knowledge of the Collector; or if such suit is instituted within such period, and the plaintiff's claim is finally rejected; the Collector may declare the treasure to be ownerless.",
"name": "When treasure may be declared ownerless",
"related_acts": "",
"section_id": 14
},
{
"act_id": 37,
"details": "10. When a declaration has been made in respect of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter contained, either be delivered to the finder thereof, or be divided between him and the owner of the place in which it has been found in manner hereinafter provided.",
"name": "Proceedings subsequent to declaration",
"related_acts": "",
"section_id": 15
},
{
"act_id": 37,
"details": "11. When a declaration has been made in respect of any treasure as aforesaid, and no person other than the finder of such treasure has appeared as required by the notification published under section 5 and claimed a share of the treasure as owner of the place in which it has been found, the Collector shall deliver such treasure to the finder thereof.",
"name": "When no other person claims as owner of place, treasure to be given to finder",
"related_acts": "",
"section_id": 16
},
{
"act_id": 37,
"details": "12. When a declaration has been made as aforesaid in respect of any treasure, and only one person other than the finder of such treasure has so appeared and claimed, and the claim of such person is not disputed by the finder, the Collector shall proceed to divide the treasure between the finder and the person so claiming according to the following rule (namely):- If the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure, three-fourths of the treasure shall be allotted to such finder and the residue to such person. If such finder and such person have entered into any such agreement, the treasure shall be disposed of in accordance therewith: Provided that the Collector may, in any case, it he thinks fit, instead of dividing any treasure as directed by this section,- (a)\tallot to either party the whole or more than his share of such treasure, on such party paying to the Collector for the other party such sum of money as the Collector may fix as the equivalent of the share of such other party, or of the excess so allotted, as the case may be; or (b)\tsell such treasure or any portion thereof by public auction, and divide the sale-proceeds between the parties according to the rule hereinbefore prescribed: Provided also that, when the Collator has by his declaration under section 9 rejected any claim made under this Act by any person other than the said finder or person claiming as owner of the place in which the treasure was found, such division shall not be made until after the expiration of two months without an appeal having been presented under section 9 by the person whose claim has been so rejected, or when an appeal has been so presented, after such appeal has been dismissed. When the Collector has made a division under this section, he shall deliver to the parties the portions of such treasure or the money in lieu thereof, to which they are respectively entitled under such division.",
"name": "When only one such person claims and his claim is not disputed, treasure to be divided, and shares to be delivered to parties",
"related_acts": "",
"section_id": 17
},
{
"act_id": 37,
"details": "13. When a declaration has been made as aforesaid in respect of any treasure, and two or more persons have appeared as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the Collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a Civil Court.",
"name": "In case of dispute as to ownership of place, proceedings to be stayed",
"related_acts": "",
"section_id": 18
},
{
"act_id": 37,
"details": "14. Any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the Civil Court to obtain a decree declaring his right; and in every such suit the finder of the treasure and all persons disputing such claim before the Collector shall be made defendants.",
"name": "Settlement of such dispute,",
"related_acts": "",
"section_id": 19
},
{
"act_id": 37,
"details": "15. If any such suit is instituted and the plaintiff's claim is finally established therein, the Collector shall, subject to the provisions of section 12 divide the treasure between him and the finder. If no such suit is instituted as aforesaid, or if the claims of the plaintiffs in all such suits are finally rejected, the Collector shall deliver the treasure to the finder.",
"name": "and division thereupon",
"related_acts": "",
"section_id": 20
},
{
"act_id": 37,
"details": "16. The Collector may, at any time after making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore provided, declare by writing under his hand his intention to acquire on behalf of the Government the treasure, or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with one-fifth of such value, and may place such sum in deposit in his treasury to the credit of such persons; and thereupon such treasure or portion shall be deemed to be the property of Government, and the money so deposited shall be dealt with, as far as may be, as if it were such treasure or portion.",
"name": "Power to acquire the treasure on behalf of Government",
"related_acts": "",
"section_id": 21
},
{
"act_id": 37,
"details": "17. No decision passed or act done by the Collector under this Act shall be called in question by any Civil Court, and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.",
"name": "Decision of Collector final, and no suit to lie against him for acts done bona fide",
"related_acts": "",
"section_id": 22
},
{
"act_id": 37,
"details": "18. A Collector making any inquiry under this Act may exercise any power conferred by the Code of Civil Procedure on a Civil Court for the trial of suits.",
"name": "Collector to exercise powers of Civil Court",
"related_acts": "",
"section_id": 23
},
{
"act_id": 37,
"details": "19. The Government may, from time to time, make rules consistent with this Act to regulate proceedings hereunder. Such rules shall, on being published on the official Gazette, have the force of law.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 24
},
{
"act_id": 37,
"details": "20. If the finder of any treasure fails to give the notice, or does not either make the deposit or give the security, required by section 4, or alters or attempts to alter such treasure so as to conceal its identity, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in Government, and he shall, on conviction before a Magistrate, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Penalty on finder failing to give notice, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 37,
"details": "21. If the owner of the place in which any treasure is found abets, within the meaning of the 4Penal Code, any offence under section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in Government, And he shall, on conviction before a Magistrate, be punished with imprisonment which may extend to six months, or with fine, or with both.",
"name": "Penalty on owner abetting offence under section 20",
"related_acts": "",
"section_id": 26
},
{
"act_id": 37,
"details": "\" treasure\" means anything of any value hidden in the soil, or in anything affixed thereto:",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 37,
"details": "\"Collector\" means (1) any Revenue-officer in independent charge of a district, and (2) any officer appointed by the Government to perform the functions of a collector under this Act.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 37,
"details": "When any person is entitled, under any reservation in an instrument of transfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for the purposes of this Act, be deemed to be the owner of such land or thing.",
"name": "",
"related_acts": "",
"section_id": 29
}
],
"text": "1♣An act to amend the law relating to Treasure-trove Preamble WHEREAS it is expedient to amend the law relating to treasure-trove; It is hereby enacted as follows:-"
} |
{
"id": 38,
"lower_text": [
"1 Throughout this Act, except otherwise provided,the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"appropriate Government\" or \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"or any Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"or a member of the forces constituted by the Pakistan Territorial Force Act, 1950\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"or member\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The expression \"Government\" was omitted by section 2 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"6 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words, comma and figure \"Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, figures and commas \"to which section 32, clause 2, of Act No. XXXI of 1860 applies at the time this Act comes into force or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration Act, 1973 (Act No. VIII of 1973)",
"8 The words, commas and figure \"or before the first day of January, 1920, under any provision of law for the time being in force\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words, letter, figures and commas \"in respect of any such license granted in a place to which section 32, clause 2, of Act No. XXXI of 1960 applies at the time this Act comes into force or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIIII of 1973)",
"10 Section 17A. was inserted by section 2 of the Arms (Amendment) Act, 1991 (Act No. XVII of 1991)",
"11 The word \"Bangladesh\" was substituted, for the words and comma \"Pakistan or the Province, as the case may be\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 Section 19A was inserted by section 3 of the Bengal Criminal Law (Amendment) Act, 1934 (Act No. VII of 1934)",
"13 The words \"shot gun or other fire-arm\" were substituted, for the words \"or shot gun\" by section 3 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"14 The words \"imprisonment for life or rigorous imprisonment for a term which shall not be less than ten years\" were substituted, for \"transportation for life or any shorter term which may extend to fourteen years, or with fine” by section 4 of the Arms (Amendment) Act, 1991 (Act No. XVII of 1991)",
"15 The words and comma \"imprisonment for life or any other rigorous imprisonment which shall not be less than seven years,\" were substituted, for the words and commas \"imprisonment for a term which may extend to three years, or with fine or with both\" by section 3 of the Arms (Amendment) Act, 1991 (Act No. XVII of 1991)",
"16 The words \"shot gun or other fire-arm\" were substituted, for the words \"shot gun\" by section 3 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"17 The words \"shot gun or other fire-arm\" were substituted, for the words \"shot gun\" by section 3 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"18 Section 20A was inserted by section 3 of the Bengal Criminal Law (Amendment) Act, 1934 (Act No. VII of 1934)",
"19 The words \"shot gun or other fire-arm\" were substituted, for the words \"or other fire-arm\" by section 3 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"20 The words, commas and figure \"if he is tried by Commission were appointed under the Bengal Criminal Law Amendment Act, 1925,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 The word \"Bangladesh\" was substituted, for the word and comma \"Pakistan or of the Province, as the case may be\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The words \"or Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 Section 30A was inserted by section7 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980)",
"24 Section 30B was inserted by section 2 of the Arms (Amendment) Act, 2002 (Act No. XXX of 2002)"
],
"name": "The Arms Act, 1878",
"num_of_sections": 44,
"published_date": "15th March, 1878",
"related_act": [
354,
38,
75,
430,
238
],
"repelled": false,
"sections": [
{
"act_id": 38,
"details": "1. This Act may be called the Arms Act, 1878; and it extends to the whole of Bangladesh.",
"name": "Short title Local extent",
"related_acts": "38",
"section_id": 1
},
{
"act_id": 38,
"details": "But nothing herein contained shall apply to- (a)\tarms, ammunition or military stores on board any seagoing vessel and forming part of her ordinary armament or equipment, or (b)\tthe manufacture, conversion, sale, import, export, transport, bearing or possession of arms, ammunition or military stores by order of the Government, 2* * *, or by a public servant 3* * * in the course of his duty as such public servant 4* * *.",
"name": "Savings",
"related_acts": "",
"section_id": 2
},
{
"act_id": 38,
"details": "2. This Act shall come into force on such days as the Government by notification in the official Gazette appoints.",
"name": "Commencement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 38,
"details": "3. Repealed by section 2 and Schedule of Act No. I of 1938.",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 38,
"details": "4. In this Act, unless there be something repugnant in the subject or context,- \"cannon\" includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance and machine-guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same: 5* * * \"arms\" includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms: \"ammunition\" includes also all articles specially designed for torpedo service and submarine mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive or fulminating material, gunflint, gun-wads, percussion-caps, fuses and friction-tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, sulphur or saltpetre: \"military stores\", in any section of this Act as applied to any part of Bangladesh, means any military stores to which the Government may from time to time, by notification in the official Gazette, specially extend such section in such part, and includes also all lead, sulphur, saltpeter and other material to which the Government may from time to time so extend such section: \"license\" means a license granted under this Act, and \"licensed\" means holding such license.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 5
},
{
"act_id": 38,
"details": "4. In this Act, unless there be something repugnant in the subject or context,- \"cannon\" includes also all howitzers, mortars, wall-pieces, mitrailleuses and other ordnance and machine-guns, all parts of the same, and all carriages, platforms and appliances for mounting, transporting and serving the same: * * * \"arms\" includes fire-arms, bayonets, swords, daggers, spears, spearheads and bows and arrows, also cannon and parts of arms, and machinery for manufacturing arms: \"ammunition\" includes also all articles specially designed for torpedo service and submarine mining, rockets, gun-cotton, dynamite, lithofracteur and other explosive or fulminating material, gunflint, gun-wads, percussion-caps, fuses and friction-tubes, all parts of ammunition and all machinery for manufacturing ammunition, but does not include lead, sulphur or saltpetre: \"military stores\", in any section of this Act as applied to any part of Bangladesh, means any military stores to which the Government may from time to time, by notification in the official Gazette, specially extend such section in such part, and includes also all lead, sulphur, saltpeter and other material to which the Government may from time to time so extend such section: \"license\" means a license granted under this Act, and \"licensed\" means holding such license.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 6
},
{
"act_id": 38,
"details": "5. No persons shall manufacture, convert or sell, or keep, offer or expose for sale, any arms, ammunition or military stores, except under a license and in the manner and to the extent permitted thereby. Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same; but every person so selling arms or ammunition to any person other than a person entitled to possess the same by reason of an exemption under section 27 of this Act shall, without unnecessary delay, give to the Magistrate of the district, or to the officer in charge of the nearest police-station, notice of the sale and of the purchaser's name and address.",
"name": "Unlicensed manufacture, conversion and sale prohibited",
"related_acts": "",
"section_id": 7
},
{
"act_id": 38,
"details": "6. No person shall bring or take by sea or by land into or out of Bangladesh any arms, ammunition or military stores except under a license and in the manner and to the extent permitted by such license.",
"name": "Unlicensed importation and exportation prohibited",
"related_acts": "",
"section_id": 8
},
{
"act_id": 38,
"details": "Nothing in the first clause of this section extends to arms (other than cannon) or ammunition imported or exported in reasonable quantities for his own private use by any person lawfully entitled to possess such arms or ammunition; but the Collector of Customs or any other officer empowered by the Government in this behalf by name or in virtue of his office may at any time detain such arms or ammunition until he receives the orders of the Government thereon. Explanation - Arms, ammunition and military stores taken from one part of Bangladesh to another by sea or across intervening territory not being part of Bangladesh are taken out of and brought into Bangladesh within the meaning of this section.",
"name": "Importation and exportation of arms and ammunition for private use",
"related_acts": "",
"section_id": 9
},
{
"act_id": 38,
"details": "7. Notwithstanding anything contained in the 6Customs Act, 1969, no arms, ammunition or military stores shall be deposited in any warehouse licensed under section16 of that Act without the sanction of the Government.",
"name": "Sanction of Government required to warehousing of arms, etc.",
"related_acts": "354",
"section_id": 10
},
{
"act_id": 38,
"details": "8. \tRepealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 11
},
{
"act_id": 38,
"details": "9. \tRepealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 12
},
{
"act_id": 38,
"details": "10. The Government may, from time to time, by notification in the official Gazette,- (a) \tregulate or prohibit the transport of any description of arms, ammunition or military stores over the whole of Bangladesh or any part thereof, either altogether or except under a license and to the extent in the manner permitted by such license, and (b) \tcancel any such notification.",
"name": "Power to prohibit transport",
"related_acts": "",
"section_id": 13
},
{
"act_id": 38,
"details": "Explanation – Arms, ammunition or military stores transhipped at a port in Bangladesh are transported within the meaning of this section.",
"name": "Transshipment of arms",
"related_acts": "",
"section_id": 14
},
{
"act_id": 38,
"details": "11. The Government may, at any places along the boundary-line between Bangladesh and foreign territory, and at such distance within such line as it deems expedient, establish, searching-posts at which all vessels, carts and baggage-animals, and all boxes, bales and packages in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by the Government in this behalf by name or in virtue of his office.",
"name": "Power to establish searching stations",
"related_acts": "",
"section_id": 15
},
{
"act_id": 38,
"details": "12. When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a license or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.",
"name": "Arrest of persons conveying arms, etc., under suspicious circumstances",
"related_acts": "",
"section_id": 16
},
{
"act_id": 38,
"details": "Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or Police-officer, shall be delivered over as soon as possible to a Police-officer. All persons apprehended by, or delivered to, a Police-officer, and all arms and ammunition seized by or delivered to any such officer under this section, shall be taken without unnecessary delay before a Magistrate.",
"name": "Procedure where arrest made by person not Magistrate or Police-officer",
"related_acts": "",
"section_id": 17
},
{
"act_id": 38,
"details": "13. No person shall go armed with any arms except under a license and to the extend and in the manner permitted thereby. Any person so going armed without a license or in contravention of its provisions may be disarmed by any Magistrate, Police-officer or other person empowered by the Government in this behalf by name or by virtue of his office.",
"name": "Prohibition of going armed without license",
"related_acts": "",
"section_id": 18
},
{
"act_id": 38,
"details": "14. No person shall have in his possession or under his control any cannon or fire-arms, or any ammunition or military stores, except under a license and in the manner and to the extent permitted thereby.",
"name": "Unlicensed possession of fire-arms, etc.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 38,
"details": "15. In any place 7* * * to which the Government may by notification in the official Gazette specially extend this section no person shall have in his possession any arms of any description, except under a license and in the manner and to the extent permitted thereby.",
"name": "Possession of arms of any description without license prohibited in certain places",
"related_acts": "",
"section_id": 20
},
{
"act_id": 38,
"details": "16.(1) Any person possessing arms, ammunition or military stores the possession whereof has, in consequence of the cancellation or expiry of a license or of an exemption or by the issue of a notification under section 15 or otherwise, become unlawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police-station or, at his option and subject to such conditions as the Government may by rule prescribe, with a licensed dealer. (2) When arms, ammunition or military stores have been deposited under sub-section (1) 8* * * the depositor shall, at any time before the expiry of such period as the Government may by rule prescribe, be entitled- (a) \tto receive back anything so deposited the possession of which by him has become lawful, and (b) \tto dispose, or authorize the disposal, of anything so deposited by sale or otherwise to any person whose possession of the same would be lawful; and to receive the proceeds of any such sale: Provided that nothing in this sub-section shall be deemed to authorize the return or disposal of anything the confiscation of which has been directed under section, 24. (3) \tAll things deposited as aforesaid and not returned or disposed of under sub-section (2) within the prescribed period therein referred to shall be forfeited to Government. (4)\t(a) \tThe Government may make rules consistent with this Act for carrying into effect the provisions of this section. (b)\tIn particular and without prejudice to the generality of the foregoing provision, the Government may by rule prescribed- (i)\tthe conditions subject to which arms, ammunition and military stores may be deposited with a licensed dealer, and (ii)\tthe period after the expiry of which things deposited as aforesaid shall be forfeited under sub-section (3).",
"name": "In certain cases arms to be deposited at police-stations or with licensed dealers",
"related_acts": "",
"section_id": 21
},
{
"act_id": 38,
"details": "17. The Government may from time to time, by notification in the official Gazette, make rules to determine the officers by whom the form in which, and the terms and conditions on and subject to which, any license shall be granted; and may by such rules among other matters-(a)\tfix the period for which such license shall continue in force; (b)\tfix a fee payable by stamp or otherwise 9* * * in respect of any such license other than a license for possession granted in any other place; (c)\tdirect that the holder of any such license other than a license for possession shall keep a record or account, in such form as the Government may prescribe, of anything done under such license, and exhibit such record or account when called upon by an officer of Government to do so; (d)\tempower any officer of Government to enter and inspect any premises in which arms, ammunition or military stores are manufactured or kept by any person holding a license of the description referred to in section 5 or section 6; (e)\tdirect that any such person shall exhibit the entire stock of arms, ammunition and military stores in his possession or under his control to any officer of Government so empowered; and (f)\trequire the person holding any license or acting under any license to produce the same, and to produce or account for the arms, ammunition or military stores covered by the same when called upon by an officer of Government so to do.",
"name": "Power to make rules as to licenses",
"related_acts": "",
"section_id": 22
},
{
"act_id": 38,
"details": "1017A.(1) The Government may, if it considers it expedient in the public interest so to do, by order, to be notified in the official Gazette, impose restrictions on the movement of any person with his licensed arms for such period as may be specified in the notification. (2) Any person going armed in contravention of an order made under sub-section (1) shall be disarmed by any Magistrate, Police–officers or other person empowered by the Government in this behalf by name or by virtue of his office and his license may be cancelled or suspended under section18 during the period of national as well as local government elections. Explanation - Election period means the period from the date of submission of nomination papers until the date of declaration of the result in the official Gazette.",
"name": "Restriction on movement with arms",
"related_acts": "",
"section_id": 23
},
{
"act_id": 38,
"details": "18. Any license may be cancelled or suspended- (a)\tby the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any Magistrate of a district, within the local limits of whose jurisdiction the holder of such license may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such license; or (b)\tby any Judge or Magistrate before whom the holder of such license is convicted of an offence against this Act, or against the rules made under this Act; and the Government may by a notification in the official Gazette cancel or suspend all or any licenses throughout 11Bangladesh, or any part thereof.",
"name": "Canceling and suspension of license",
"related_acts": "",
"section_id": 24
},
{
"act_id": 38,
"details": "1219A. Notwithstanding anything contained in section 19, whoever commits an offence under clause (a), (c), (e) or (f) of section 19 shall, if the offence is committed in respect of a pistol, revolver, rifle 13shot gun or other fire-arm be punished with 14imprisonment for life or rigorous imprisonment for a term which shall not be less than ten years.",
"name": "For breaches of sections 6, 13, 14 and 15 in respect of certain arms",
"related_acts": "",
"section_id": 25
},
{
"act_id": 38,
"details": "19. Whoever commits any of the following offences (namely):- (a)\tmanufactures, converts or sells, or keeps, offers or exposes for sale, any arms, ammunition or military stores in contravention of the provisions of section 5; (b)\tfails to give notice as required by the same section; (c)\timports or exports any arms, ammunition or military stores in contravention of the provisions of section 6; (d)\ttransports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section 10; (e)\tgoes armed in contravention of the provisions of section 13; (f)\thas in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 14 or section 15; (g)\tintentionally makes any false entry in a record or account which, by a rule made under section 17, clause (c), he is required to keep; (h)\tintentionally fails to exhibit anything which, by a rule made under section 17, clause (e), he is required to exhibit; or (i)\tfails to deposit arms, ammunition or military stores, as required by section 14 or section 16; shall be punished with 15imprisonment for life or any other rigorous imprisonment which shall not be less then seven years,.",
"name": "For breach of sections 5, 6, 10, 13 to 17",
"related_acts": "",
"section_id": 26
},
{
"act_id": 38,
"details": "20. Whoever does any act mentioned in clause (a), (c), (d) or (f) of section 19, in such manner as to indicate an intention that such act may not be known to any public servant as defined in the 16* * * Penal Code, or to any person employed upon a railway or to the servant of any public carrier,",
"name": "For secret breaches of sections 5, 6, 10, 14 and 15",
"related_acts": "",
"section_id": 27
},
{
"act_id": 38,
"details": "and whoever, on any search being made under section 25 conceals or attempts to conceal any arms, ammunition or military stores, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both: Provided that if an offence committed under this section is in respect of a pistol, revolver, rifle or 17shot gun or other fire-arm, the offender shall be punished with transportation for life on any shorter term, or with imprisonment for a term which may extend to fourteen years, or with fine.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 38,
"details": "1820A. Notwithstanding anything contained in this Act, whoever goes armed with a pistol, revolver, rifle of 19shot gun or other fire-arm in contravention of the provision of section 13, or has any such fire-arm in his possession or under his control in contravention of the provisions of section 14 or section 15, under circumstances indicting that he intended that such fire-arm should be used for the commission of any offence of murder shall 20* * * be punished with death, or with transportation for life or any shorter term or with imprisonment for a term which may extend to fourteen years, to which fine may be added.",
"name": "Enhanced punishment in certain cases",
"related_acts": "",
"section_id": 29
},
{
"act_id": 38,
"details": "21. Whoever, in violation of a condition subject to which a license has been granted, does or omits to do any act shall, when the doing or omitting to do such act is not punishable under section 19 or section 20, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka or with both.",
"name": "For breach of license",
"related_acts": "",
"section_id": 30
},
{
"act_id": 38,
"details": "22. Whoever knowingly purchases any arms, ammunition or military stores from any person not licensed or authorized under the proviso to section 5 to sell the same; or delivers any arms, ammunition or military stores into the possession of any person without previously ascertaining that such person is legally authorized to possess the same, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both.",
"name": "For knowingly purchasing arms, etc., from unlicensed person For delivering arms, etc., to person not authorized to possess them",
"related_acts": "",
"section_id": 31
},
{
"act_id": 38,
"details": "23. Any person violating any rule made under this Act, and for the violation of which no penalty is provided by this Act, shall be punished 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 breach of rule",
"related_acts": "",
"section_id": 32
},
{
"act_id": 38,
"details": "24. When any person is convicted of an offence punishable under this Act, committed by him in respect of any arms, ammunition or military stores, it shall be in the discretion of the convicting Court or Magistrate further to direct that the whole or any portion of such arms, ammunition or military stores, and any vessel, cart or baggage-animal used to convey the same, and any box, package or bale in which the same may have been concealed, together with the other contents of such box, package or bale, shall be confiscated.",
"name": "Power to confiscate.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 38,
"details": "25. Whenever any Magistrate has reason to believe that any person residing within the local limits of his jurisdiction has in his possession any arms, ammunition or military stores for any unlawful purpose, or that such person cannot be left in the possession of any such arms, ammunition or military stores without danger to the pubic peace, such Magistrate, having first recorded the grounds of his belief, may cause a search to be made of the house or premises occupied by such person or in which such Magistrate has reason to believe such arms, ammunition or military stores are or is to be found, and may seize and detain the same, although covered by a license, in safe custody for such time as he thinks necessary. The search in such case shall be conducted by, or in the presence of, a Magistrate, or by, or in the presence of, some officer specially empowered in this behalf by name or in virtue of his office by the Government.",
"name": "Search and seizure by Magistrate",
"related_acts": "",
"section_id": 34
},
{
"act_id": 38,
"details": "26. The Government may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any person, notwithstanding that such person is licensed to possess the same, and may detain the same for such time as it thinks necessary for the public safety.",
"name": "Seizure and detention by Government",
"related_acts": "",
"section_id": 35
},
{
"act_id": 38,
"details": "27. The Government may from time to time, by notification published in the official Gazette,- (a) \texempt any person by name or in virtue of his office, or any class of persons, or exclude any description of arms or ammunition, or withdraw any part of 21Bangladesh, from the operation of any prohibition or direction contained in this Act; and (b) \tcancel any such notification, and again subject the persons or things or the part of Bangladesh 22* * * comprised therein to the operation of such prohibition or direction .",
"name": "Power to exempt",
"related_acts": "",
"section_id": 36
},
{
"act_id": 38,
"details": "28. Every person aware of the commission of any offence punishable under this Act shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information of the same to the nearest Police-officer or Magistrate, and every person employed upon any railway or by any public carrier shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information to the nearest Police-officer regarding any box, package or bale in transit which he may have reason to suspect contains arms, ammunition or military stores in respect of which an offence against this Act has been or is being committed.",
"name": "Information to be given regarding offences",
"related_acts": "",
"section_id": 37
},
{
"act_id": 38,
"details": "29. Omitted by section 7 of the Arms (Amendment) Act, 1980 (Act No. VII of 1980).",
"name": "Omitted",
"related_acts": "",
"section_id": 38
},
{
"act_id": 38,
"details": "30. Where a search is to be made under the Code of Criminal Procedure, in the course of any proceedings instituted in respect of an offence punishable under section 19, clause (f) such search shall, notwithstanding anything contained in the said Code, be made in the presence of some officer specially appointed by name or in virtue of his office by the Government in this behalf, and not otherwise.",
"name": "Searches in the case of offences against section 19, clause (f), how conducted",
"related_acts": "",
"section_id": 39
},
{
"act_id": 38,
"details": "2330A. In a trial of an offence punishable under this Act, no opinion or examination of any expert on arms or ammunition shall be necessary to prove whether or not any articles or things are arms or ammunition unless in the opinion of the court trying the offence such opinion or examination is necessary.",
"name": "Opinion of arms and ammunition expert not necessary",
"related_acts": "",
"section_id": 40
},
{
"act_id": 38,
"details": "2430B.(1) 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, an investigation of an offence under this Act shall be completed: (a)\twithin fifteen working days from the date of arrest of the accused, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or (b)\twithin sixty working days, from the date of receipt of information regarding the commission of the offence or from the date of receipt of an order of any magistrate for investigation of such offence when the accused is not arrested at the time of commission of the offence. (2)\tWhere an investigation is not completed within the period specified in sub-section (1), the investigation officer may, after recording the reasons in writing, complete the investigation within a further period of seven working days and shall report it in writing to his controlling officer and also to the magistrate concerned. (3)\tWhere an investigation is not completed within the extended period specified under sub-section (2), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefore, to his controlling officer and also to the Magistrate concerned. (4) \tUpon receipt of a report under sub-section (3), the controlling officer or, when the investigation was ordered by a magistrate, the magistrate concerned, may transfer the responsibility for investigation to some other officer and, where the responsibility for investigation is so transferred, the officer who received the responsibility shall complete the investigation:- (a)\twithin seven working days from the date of receipt of the order of transfer, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or (b)\twithin thirty working days from the date of receipt of the order of transfer in any other case. (5) \tWhere an investigation is not completed within the period specified under sub-section (4), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefore, to his controlling officer and also to the magistrate concerned. (6)\tWhere, after examination of the report submitted under sub-section (2) and (4), the controlling officer or when the investigation was ordered by a magistrate, the magistrate concerned finds that the investigation officer is liable for the non-completion of investigation within the specified period, such liability shall be deemed to be inefficiency of that officer and such inefficiency shall be recorded in his annual confidential report, and in appropriate case departmental action may be taken against him under the service rules applicable to him.",
"name": "Time limit for completion of investigation",
"related_acts": "75",
"section_id": 41
},
{
"act_id": 38,
"details": "31. Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or the rules made under it, or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence.",
"name": "Operation of other laws not barred",
"related_acts": "",
"section_id": 42
},
{
"act_id": 38,
"details": "32. The Government may from time to time, by notification in the official Gazette, direct a census to be taken of all fire-arms in any local area, and empower any person by name or in virtue of his office to take such census. On the issue of any such notification, all person possessing any such arms in such area shall furnish to the person so empowered such information as he may require in reference thereto, and shall produce such arms to him if he so requires. Any person refusing or neglecting to produce any such arms when so required shall be punished 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": "Power to take census of fire-arms",
"related_acts": "",
"section_id": 43
},
{
"act_id": 38,
"details": "33. No proceeding other than a suit shall be commenced against any person for anything done in pursuance of this Act, without having given him at least one month's previous notice in writing of the intended proceeding and of the cause thereof, nor after the expiration of three months from the accrual of such case.",
"name": "Notice and limitation of proceedings",
"related_acts": "",
"section_id": 44
}
],
"text": "1♣An Act to consolidate and amend the law relating to Arms, Ammunition and Military Stores. Preamble WHEREAS it is expedient to consolidate and amend the law relating to arms, ammunition and military stores; It is enacted as follows:-"
} |
{
"id": 39,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the words \"East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"High Court Division\" were substituted, for the words \"High Court of East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"ordinary and\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"Commissioner or\" were omitted by Article 4 and Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)",
"6 The words \"Commissioner or Collector\" were substituted, for the word \"Collector\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"7 The words \"Commissioner or\" were omitted by Article 4 and Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)",
"8 The words \"Commissioner or Collector\" were substituted, for the word \"Collector\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"9 The words \"eighteen years\" were substituted, for the words \"twenty-one years\" by section 2 of the Court of Wards (Amendment) Act, 2006 (Act No. II of 2006)",
"10 The words \"Board of Land Administration\" were substituted, for the word \"Government\" by section 4 and Schedule of the Bangladesh Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"11 Section 8A was inserted by section 2 of the East Bengal Court of Wards (Amendment) Act, 1952 (Act No. X of 1952)",
"12 The words \"East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words \"East Bengal\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Section 9A was inserted by section 2 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. I of 1935)",
"15 Sections 10A, 10B, 10C, 10CC and 10D were substituted, for sections 10A, 10B, 10C, 10CC and 10D by section 3 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)",
"16 The words, figures, comma and letters \"and from the charge of any person or property which either before or after the commencement of the Collector by a Civil Court under section 12, section 14 or section 21 of Act XL of 1858 or under section 11 of Act XXXV of 1858\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 Section 13A was substituted, for section 13A by section 10 of Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)",
"18 The words \"through the Commissioners of the Divisions and the Collectors\" were substituted, for the words \"through the Collectors\" by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"19 The words \"to such Commissioners or Collectors\" were substituted, for the words \"to such Collectors\" by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"20 Section 18A was inserted by section 4 of East Pakistan Court of Wards (Amendment) Ordinance, 1958 (Ordinance No. LXVII of 1958)",
"21 Section 23A was inserted by East Pakistan Court of Wards (Amendment) Ordinance, 1958 (Ordinance No. LXVII of 1958)",
"22 The words \"eighteen years\" were substituted, for the words \"twenty-one years\" by section 2 of the Court of Wards (Amendment) Act, 2006 (Act No. II of 2006)",
"23 The words \"eighteen years\" were substituted, for the words \"twenty-one years\" by section 2 of the Court of Wards (Amendment) Act, 2006 (Act No. II of 2006)",
"24 The words and figure \"or section 33\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 Section 34A was substituted, for section 34A by section 13 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)",
"26 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words \"Unless the Board of Land Administration\" were substituted, for the words \"Unless the Government\" by section 4 and Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"28 The word \"Government\" was substituted, for the words \"Central Government or any Provincial Government\" or \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 The word \"Government\" was substituted, for the words \"Central Government or any Provincial Government\" or \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 The words \"Central or Provincial\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"31 The word \"Government\" was substituted, for the words \"Central Government or the Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"32 Section 55A was inserted by section 16 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)",
"33 Section 58A was inserted by section 9 of the Bengal Court of Wards (Amendment) Act, 1881 (Act No. III of 1881)",
"34 The words \"Commissioner of the Division\" were substituted, for the word \"Court\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"35 The words \"said commissioner\" were substituted, for the word \"Court\" by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance 1976 (Ordinance No. IX of 1976)",
"36 Sections 59A was inserted by section 7 of the Bengal Court of Wards (Amendment) Act, 1906 (Act I of 1906)",
"37 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"38 Section 60A was inserted by section 13 of the Court of Wards (Amendment) Act, 1892 (Act No. IV of 1892)",
"39 Sections 60B was inserted by section 7 of the Bengal Court of Wards (Amendment) Act, 1906 (Act I of 1906)",
"40 Section 64A was inserted by section 18 of the Bengal Court of Wards (Amendment) Act, 1935 (Act No. VI of 1936)",
"41 Section 65A was inserted by section 11 of the Bengal Court of Wards (Amendment) Act, 1881 (Act No. III of 1881)",
"42 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 Section 67 was substituted, for the former section 67 by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"44 The words \"Court and the Order of the Court shall be final\" were substituted, for the word \"Court\" by Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"45 The words \"of the Commissioner and\" were inserted by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"46 Clause (a) was substituted, for the former clause (a) by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"47 The words \"and Commissioners\" were inserted by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"48 The words \"and Commissioners respectively\" were inserted by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)"
],
"name": "The Court of Wards Act, 1879",
"num_of_sections": 95,
"published_date": "30th July, 1879",
"related_act": [
64,
96,
34,
35,
36,
37,
38,
39,
40,
41,
42,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 39,
"details": "1. This Act may be called the Court of Wards Act, 1879:",
"name": "Short title",
"related_acts": "39",
"section_id": 1
},
{
"act_id": 39,
"details": "It extends to the whole of 2Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 39,
"details": "2. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 39,
"details": "3. In this Act, unless there be something repugnant in the subject or context,- \"Civil Court\" includes the 3High Court Division in the exercise of its 4* * * extraordinary original civil jurisdiction or its civil appellate or revisional jurisdiction; \"Collector\" includes a Deputy Commissioner and any officer in-charge of the revenue-jurisdiction of a district; \"the Court\" means the Court of Wards; or, when the Court of Wards has delegated any of its powers to a 5* * * 6Commissioner or Collector or any other person, it means, in respect of such powers, the 7* * * 8Commissioner or Collector or person to whom they are delegated: \"estate\" means all lands which are borne on the revenue-roll of a Collector as liable for the payment of one and the same demand of land-revenue and includes a share in or of an estate other than an undivided share held in coparcenary as the property of a Hindu joint family governed by the Mitakshara or Mithila law: \"minor\" means a person who has not completed his age of 9eighteen years: \"section\" means a section of this Act: \"ward\" means any person who is under the charge of the Court of Wards, or whose property is under such charge.",
"name": "Interpretation",
"related_acts": "",
"section_id": 4
},
{
"act_id": 39,
"details": "4. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 5
},
{
"act_id": 39,
"details": "5. The 10Board of Land Administration shall be the Court of Wards for the territories to which this Act extends. It shall deal with every person and every property of which it may take or retain charge under this Act, or which may be placed under its charge by order of a competent Court, in accordance with the provisions of this Act.",
"name": "Constitution and general duties of Court of Wards",
"related_acts": "",
"section_id": 6
},
{
"act_id": 39,
"details": "6. Proprietors of estates shall be held disqualified to manage their own property when they are- (a)\tfemales declared by the Court incompetent to manage their own property; (b)\tpersons declared by the Court to be minors; (c)\tpersons adjudged by a competent Civil Court to be of unsound mind, and incapable of managing their affairs; (d)\tpersons adjudged by a competent Civil Court to be otherwise rendered incapable by physical defects or infirmities of managing their own property; (e)\tpersons as to whom the Court has declared that they are disqualified, and that it is expedient in the public interest that their estates should be managed by the Court.",
"name": "Disqualified proprietors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 39,
"details": "7. Whenever the sole proprietor of an estate, or all the joint proprietors of an estate are disqualified as provided in the last preceding section, the Court shall have power to take charge of all the property of every such proprietor or joint proprietor within its jurisdiction, and of the person of any such proprietor or joint proprietor who is resident within its jurisdiction; and also of the person and property of any minor member of the family of any such proprietor or joint proprietor who has an immediate or reversionary interest in the property of such proprietor or joint proprietor: Provided that the Court shall not be empowered to take charge of the person of a proprietor disqualified under clause (e) of section 6.",
"name": "Jurisdiction of Court over disqualified proprietors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 39,
"details": "8. Whenever the circumstances of any ward become such that the Court could not take charge of him or of his property if he were not under its charge already, the Court shall be bound to release from its charge such person and his property.",
"name": "Court when bound to give up charge",
"related_acts": "",
"section_id": 9
},
{
"act_id": 39,
"details": "118A. If the rent-receiving interests of a ward in any estate under the charge of the Court are acquired under the provisions of the 12* * * State Acquisition and Tenancy Act, 1950, then, notwithstanding anything contained elsewhere in this Act, the remaining properties of such ward including khas lands under the charge of the Court shall continue to remain under its charge and shall be managed in accordance with the provisions of this Act, as if such ward were a disqualified proprietor of an estate. Explanation - In this section “khas land” has the same meaning as in clause (15) of section 2 of the 13* * * State Acquisition and Tenancy Act, 1950.",
"name": "Charge of Court in case of acquisition under E. B. Act XXVIII of 1951",
"related_acts": "",
"section_id": 10
},
{
"act_id": 39,
"details": "9. The Court may in its discretion, in any case in which it is empowered by this Act to take charge of the person and property of any disqualified proprietor,- (a)\ttake charge of such property without taking charge of such person; (b)\trefrain from taking charge of any such person or property; (c)\tat any time withdraw from such charge, if taken; (d)\tat any time resume such charge, after having withdrawn from it.",
"name": "Discretion of Court as to taking and keeping charge",
"related_acts": "",
"section_id": 11
},
{
"act_id": 39,
"details": "149A. When the Court of Wards withdraws from the charge of such property it shall publish, in the manner provided in section 64A, a notice of the termination of the charge and thereupon subject to the provisions of clause 3 of section 23- (a)\tsuch charge shall terminate with effect from the date fixed in accordance with the provisions of section 65; (b)\tthe owner of the said property shall be restored to the possession thereof from the said date subject to any order made by a Civil Court and to any contracts entered into by the Court of Wards for the preservation or benefit of such property.",
"name": "Effect of withdrawal from charge",
"related_acts": "",
"section_id": 12
},
{
"act_id": 39,
"details": "10C.(1) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2) \tExcept as provided in section 23A, no property in charge of the Court of Wards shall be sold by any revenue authority under any law so long as the Court remains in charge thereof.",
"name": "Bar to certain proceedings",
"related_acts": "430",
"section_id": 13
},
{
"act_id": 39,
"details": "10CC. In calculating the period of limitation applicable to a suit against a ward, a period of four years shall be added to the period of limitation allowed by law.",
"name": "Special limitation for suits against wards",
"related_acts": "",
"section_id": 14
},
{
"act_id": 39,
"details": "10. Whenever a Civil Court is satisfied that an order should be made under section 7 of the Guardians and Wards Act, 1890, appointing a guardian of the person or property of a minor, or both; Whenever a Civil Court removes, under section 39 of the same Act, the guardian of minor, or whenever a person has been adjudged, under the Lunacy Act, 1912, to be of unsound mind and incapable of managing his affairs, if the property of such minor or disqualified proprietor consists, in whole or in part, of land or any interest in land, the Civil Court may apply to the Court of Wards to take charge of the person and property of such minor or disqualified proprietor; and it shall be at the discretion of the Court of Wards to take charge of such person or property, or to refuse to do so. Nothing contained in sections 73 to 81 (both inclusive) of the Lunacy Act, 1912, shall be held to apply to persons or properties under the charge of the Court of Wards.",
"name": "Application by Civil Court to Court of Wards to take charge",
"related_acts": "64,96,96",
"section_id": 15
},
{
"act_id": 39,
"details": "1510A.(1) Wherever the Court of Wards assumes charge of any person or property under section 7 or section 10, it shall publish, in the manner provided in section 64A, a notice calling upon all creditors having claims against the ward of his immovable property to submit the same in writing to the Court, at a place to be named in the notice, within six months from the date of the publication of the notice aforesaid: Provided that if a suit or proceeding in respect of a claim is pending in any Civil Court at the date of the publication of such notice, intimation of that facts shall be given by the creditor concerned to the Court of Wards within the period aforesaid and notice of the decision of the Civil Court in respect of such claim shall also be given to the Court of Wards within three months after the final disposal of such suit or proceeding. (2)\tEvery such claim (other than a claim on the part of the Government) not submitted to the Court in compliance with the provisions of sub-section (1), shall, notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the date of the expiry of the period for submission of the claim or in any case where a suit or proceeding in respect of a claim is pending in any Civil Court, the period of three months after the final disposal of such suit or proceeding referred to in the said sub-section: Provided that, if the Court is satisfied that the creditor was prevented by any sufficient cause from complying with the provisions of sub-section (1), it may consider and allow, either wholly or in part, his claim for interest at any time after the date of the expiry of the period aforesaid.",
"name": "Notice to creditors.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 39,
"details": "10B.(1) Every creditor submitting his claim in compliance with the provisions of sub-section (1) of section 10A shall furnish, along with his written statement of claim, full particulars thereof; and shall, within such time as the Court may appoint, produce all documents which are in his possession, power or control, including entries in books of account, on which he relies to support his claims, together with a true copy of every such document. (2)\tThe Court shall, after marking, for the purpose of identification, every original document so produced, and verifying the correctness of the copy, retain the copy and return the original to the creditor. (3) \tIf any document, which to the knowledge of the creditor is in his possession, power or control, is not produced by him as required by sub-section (1), the document shall not be admissible in evidence against the ward, whether during the continuance of the management or afterwards, in any suit brought by the creditor or by any person claiming under him in respect of such claim, unless good cause be shown, to the satisfaction of the Civil Court entertaining the suit for the non-production of the document as required by sub-section (1).",
"name": "Creditors to furnish full particulars and documents",
"related_acts": "",
"section_id": 17
},
{
"act_id": 39,
"details": "10E. Repealed by section 7 of the Bengal Court of Wards (Amendment) Act, 1935 (Bengal Act No. VI of 1936).",
"name": "Repealed",
"related_acts": "",
"section_id": 18
},
{
"act_id": 39,
"details": "10D.(1) On receipt of all claims submitted in compliance with the provisions of sections 10A and 10B, the Court shall proceed to investigate such claims, and shall decide which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communicate its decision in writing to each claimant concerned. (2)\tWhen the Court has admitted any claim under sub-section (1), it may make to the creditor a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both; and, if such proposal, or any modification of it, is accepted by the creditor and his acceptance is finally recorded and attested by the Court, it shall be conclusively binding upon the creditor and upon the ward. (3) \tSubject to the provisions of sub-section (2), nothing in this section shall be construed to bar the institution of a suit in a Civil Court for the recovery of a claim against a ward or his property which has been submitted to the Court of Wards: Provided that no decision of the Court of Wards under this section shall be proved in any such suit as against the defendant. (4) \tIn calculating the period of limitation applicable to suits for the recovery of a claim which has been submitted to the Court of Wards the period from the date of submission of the claim up to the date of the communication of the Court's decision thereon to the creditor shall be excluded.",
"name": "Adjudication of claims",
"related_acts": "",
"section_id": 19
},
{
"act_id": 39,
"details": "11.\tThe Court of Wards may retain charge of the whole of the property of any joint proprietors disqualified under section 6 of which the Court has taken charge under section 7, or of any property of which the Court has taken charge under section 10, notwithstanding the fact that a joint proprietor, or some joint proprietors, of such property has or have ceased to be subject to the jurisdiction of the Court or that any person has become entitled to such property or any part thereof jointly with any disqualified proprietor: Provided that if the share of such proprietor or person is duly partitioned the Court shall, subject to the provisions of section 13A, release such partitioned share: Provided further that if the disqualified joint proprietor be the manager of a Mitakshara joint family the Court shall, on his ceasing to be so disqualified and on application being made by him in this behalf, release the property.",
"name": "Procedure when any of the joint proprietors ceases to be disqualified or any person becomes entitled to property jointly with a disqualified proprietor",
"related_acts": "",
"section_id": 20
},
{
"act_id": 39,
"details": "12. The Court of Wards may at any time withdraw from the charge of any person and property taken under section 10 16* * * or under any other enactment for the time being in force: Provided that it shall give notice of its intention to withdraw to the Civil Court concerned, and that such notice shall be given not less than two months before the Court of Wards shall so withdraw.",
"name": "Withdrawal from charge by Court",
"related_acts": "",
"section_id": 21
},
{
"act_id": 39,
"details": "13. Whenever, on the death of any ward, the succession to his property or any part thereof is in dispute, the Court may either direct that such property or part thereof be made over to any person claiming such property, or may retain charge of the same until the right to possession of the claimant has been determined under Act VII of 1876 or under the Assam Land and Revenue Regulation, 1886, as the case may be, or until the dispute has been determined by a competent Civil Court.",
"name": "Procedure when succession to property of ward disputed",
"related_acts": "",
"section_id": 22
},
{
"act_id": 39,
"details": "1713A. If, when any disqualified proprietor dies, or ceases to be disqualified within the meaning of this Act, there remain undercharged any debts or liabilities which were incurred by, or are due from, such proprietor, or which are a charge upon his property or any part thereof or any liabilities which were incurred by the Court for the benefit of the property of such proprietor, then, notwithstanding anything contained in the fore-going sections, the Court may either withdraw from the charge of such property or retain such charge until such debts and liabilities, as the Court considers necessary to be discharged, together with all interest due thereon, have been discharged: Provided that, after the death of a proprietor, the Court shall not retain charge on account of any debt or liability which has been declared by a competent Civil Court not to be binding on his representative.",
"name": "Power of Court to retain charge of property of disqualified proprietor until discharge of debt",
"related_acts": "",
"section_id": 23
},
{
"act_id": 39,
"details": "14. Subject to the provisions of this Act, the Court- (a)\tmay, through its manager, do all such things requisite for the proper care and management of any property of which it may take or retain charge under this Act, or which may be placed under its charge by order of a competent Civil Court, as the proprietor of any such property, if not disqualified, might do for its care and management, and (b)\tmay, in respect of the person of any ward, do all such things as might be lawfully done by the legal guardian of such ward.",
"name": "General powers of Court",
"related_acts": "",
"section_id": 24
},
{
"act_id": 39,
"details": "15. The Court may exercise all or any powers conferred on it by this Act 18through the Commissioners of the Divisions and the Collectors of the districts in which any part of the property of the disqualified proprietor may be situated, or through any other person whom it may appoint for such purpose.",
"name": "Exercise through others of powers conferred on Court",
"related_acts": "",
"section_id": 25
},
{
"act_id": 39,
"details": "The Court may, from time to time delegate any of its powers 19to such Commissioners or Collectors or other person as aforesaid, and may at any time, revoke such delegation.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 26
},
{
"act_id": 39,
"details": "16. The Court may from time to time order such establishments to be entertained and expenses to be incurred as it shall consider requisite for the care and management of the persons and properties under its charge, for superintendence,for the audit of accounts, and generally for all purposes of this Act; and may order that such expenses, inclusive of all salaries, gratuities and payments on account of the leave-allowances of such establishments, be charged against any one or more properties for the purposes of which such establishments are, or have been, entertained or such expenses have been incurred.",
"name": "Establishments and expenses",
"related_acts": "",
"section_id": 27
},
{
"act_id": 39,
"details": "17. Repealed by the Government Management of Private Estates Act, 1892 (Act No. X of 1892).",
"name": "Repealed",
"related_acts": "",
"section_id": 28
},
{
"act_id": 39,
"details": "18. The Court may sanction the giving of leases or farms of the whole or part of any property under its charge, and may direct the mortgage, sale or transfer by way of gift the whole or part of such property, and may direct the doing of all such other acts as it may judge to be most for the benefit of the property and the advantage of the ward.",
"name": "Power to manage property",
"related_acts": "",
"section_id": 29
},
{
"act_id": 39,
"details": "2018A.(1) When the Court directs the mortgage, sale or transfer by way of gift the whole or part of any property under its charge, it may require any person including any ward in occupation of such property, to deliver vacant possession of such property to the Court within such time as may be specified in the order. (2) \tIf any person who has been required under sub-section (1) to deliver the vacant possession of any property to the Court refuses or fails to deliver vacant possession of such property in his occupation within the time fixed by the Court, then, notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Court to enter upon such property and to recover possession of the same by evicting the person in occupation of such property. (3) \tFor the purpose of recovering khas possession of any property under sub-section (2), the District Magistrate may use or cause to be used such force as may be necessary for the purpose of evicting any such person at the request of the Court. (4) \tNo Civil Court shall entertain any suit or legal proceedings concerning any matter relating to the recovery of khas possession of any property under this section or pass in any such suit or proceeding an order granting temporary or interim injunction restraining the Court from taking possession of any such property.",
"name": "Delivery of possession of property and bar to interference by Civil Courts",
"related_acts": "",
"section_id": 30
},
{
"act_id": 39,
"details": "19. If the Court thinks it expedient to direct the sale or mortgage of any part of an estate of which the ward is the sole proprietor, it may order the Collector to partition off such part into a separate estate; and the demand of land-revenue and of the cesses for which the original estate was liable shall be assessed upon and divided between the two separate estates so formed, respectively, in such manner as the Court, with the sanction of the Government, may direct.",
"name": "When Court may order property to be formed into separate estate",
"related_acts": "",
"section_id": 31
},
{
"act_id": 39,
"details": "20. The Court may appoint one or more managers for the property of any ward, and one or more guardians for the care of the person of any ward, under the charge of the Court, and may control and remove any manager or guardian so appointed. On any disqualified proprietor becoming a ward, the Court may, at its discretion, confirm or refuse to recognize any appointment of a person to be guardian of such disqualified proprietor which may have been made by a will.",
"name": "Appointment of managers and guardians",
"related_acts": "",
"section_id": 32
},
{
"act_id": 39,
"details": "21. The Court may make such orders as to it may seem fit in respect of the custody, education and residence of a minor ward, and such minor members of the ward's family as are under its charge, and in respect of the custody and residence of any ward, not being a minor, whose person is under the charge of the Court.",
"name": "Custody, education and residence of wards",
"related_acts": "",
"section_id": 33
},
{
"act_id": 39,
"details": "22. The Court shall allow, for the support and Education of each ward and for the support of his family such monthly sum as it thinks fit (if any) with regard to the rank and circumstances of the parties and the financial condition of the property of the ward under its charge.",
"name": "Allowance for ward and his family",
"related_acts": "",
"section_id": 34
},
{
"act_id": 39,
"details": "23. Clause 1.-Except as hereinafter provided by section 23A, every estate, and, subject to the provisions of section 14 of Act XI of 1859, every share or part of an estate for which a separate account has been opened under section 10 or section 11 of the said Act, or under section 70 of Act VII of 1876, and also subject to the provisions of the proviso (2) to section 70 of the Assam Land and Revenue Regulation, 1886, every share or part of an estate for which a separate account has been opened undersection 65 of the said Regulation, shall be exempt from sale for arrears of Government revenue which have accrued whilst such estate, share or part has been under the charge of the Court: Provided that all such arrears of revenue shall be the first charge upon the sale-proceeds of any estate, share or part which may be sold for any other cause than for such arrears of revenue.",
"name": "Clause 1-\tEstate under charge of Court exempt from sale",
"related_acts": "",
"section_id": 35
},
{
"act_id": 39,
"details": "Clause 2.– If at the time when any property ceases to be under the charge of the Court of Wards, any liabilities enumerated in this clause are outstanding in respect of any part of property, the Collector may attach the whole or any part of such property whether consisting of estates, or shares or parts of estates, or tenures or holdings and collect the rents, cesses and other demands due and all arrears thereof, managing the property so attached either directly or through a manager or by farming as he may think fit: Provided that such attachment shall not remain in force for a period exceeding five years. The Collector shall from the proceeds of such property discharge the liabilities of the whole property in the following order of priority:- (1)\tcost of management, (2)\tarrears of Government revenue and interest, (3)\tcurrent revenue, (4)\tcesses due to Government, (5)\tarrears of rent and cess due to the superior landlords and interest thereon, (6)\tother sums due to Government, including the principal of and interest on any loans advanced by any Government, and (7)\tcurrent rent. After satisfaction of the above liabilities the Collector shall, subject to any order of the Civil Court in this behalf, release the property to the proprietor, and pay to him or his duly constituted agent any surplus that remains in the hands of the Collector, and shall furnish such proprietor with an account of the receipts and expenditure expending over the time when the property was under attachment.",
"name": ", due at the time when property ceases to be under charge of Court",
"related_acts": "",
"section_id": 36
},
{
"act_id": 39,
"details": "2123A. Notwithstanding anything in clause 5, section 8, Regulation I of 1793, or in section 23 of this Act, contained, any estate, share or part of an estate on which an arrear of revenue has accrued while under the charge of the Court, may at any time be sold under the provisions of the law for the time being in force for the recovery of arrears of Government revenue, if the Court has certified in writing that the interests of the ward require that such estate, share or part be sold, and has stated in such writing the reasons upon which it has arrived at such conclusion.",
"name": "Conditions under which estate may be sold for arrear of revenue accrued under Court",
"related_acts": "",
"section_id": 37
},
{
"act_id": 39,
"details": "Clause 3 (1).–When the Court of Wards decides to withdraw from the charge of any property on the ground that in its opinion, the property is insufficient to pay the liabilities of the proprietor, secured and unsecured, within a reasonable period, it shall give the proprietor and his creditors such opportunities as it thinks reasonable to come to an agreement regarding the release of the property from the charge of which it is about to withdraw and if any such agreement is reached, the Court of Wards, if it is of opinion that the agreement is valid, shall release the property to the proprietor. If the property is not so released, the Court of Wards may, upon notice to the proprietor, call a meeting of his creditors to elect not less than two trustee to administer the property. At such meeting the creditors shall have votes in proportion to the debts owing to them respectively. The opinion of creditors to whom three-fourths of the debts of the proprietor are owing shall prevail. The procedure relating to the holding of such meeting shall be laid down by the Court of Wards. If the creditors fail to elect the trustees or if the trustees elected refuse to act within a time to be fixed by the Court of Wards, the Court of Wards may appoint the trustees. The trustees so elected or appointed shall be deemed to be appointed by the Civil Court. (2) \tUpon the trustees, so elected or appointed, as the case may be, expressing their willingness to act as trustees the property shall, subject to the right of the Collector to attachment, collection and discharge of the liabilities mentioned in section 23, vest in them, in trust to administer it under the directions of such Civil Court as may be prescribed by rules for discharging the other liabilities of the proprietor and making over the residue, if any, to him. The Collector shall pay to the trustees, instead of to the proprietor or his agent, any surplus that remains in his hands. Notice of the withdrawal of the Court of Wards and the vesting of the property in the trustees shall be published in the manner provided in section 64A. (3) \tUpon the vesting of the property in the trustees the charge of the Court of Wards shall be deemed to be withdrawn but the proprietor shall not become liable to arrest or imprisonment in execution of any decree or order for such liabilities. (4) \tAny adjudication of claims by the Court of Wards or compromise under section 10D shall be binding in the same manner and to the same extent as if the Court of Wards had not withdrawn from charge of the property and as if the Civil Court had made such adjudication or recorded such compromise. (5) \tThe Civil Court shall have all the powers given by law, including the law of insolvency, for the administration of the said property and the trusts mentioned above and shall also have power to remove trustees and appoint new trustees. (6) \tThe proprietor or the creditors will be at liberty to apply to the Civil Court from time to time, as there may be occasion, for such removal or appointment, for the framing of a scheme of administration, or for the termination of the trust and discharge of the trustees. (7) \tThe form of notice, the manner of service thereof, the manner of signifying the willingness of trustees to act, the procedure for the election of trustees and the Civil Court under whose directions the trustees shall administer the property may be prescribed by rules to be framed by the Government.",
"name": "Clause 3-\tAdministration of property by trustees on withdrawal from charge by the Court of Wards",
"related_acts": "",
"section_id": 38
},
{
"act_id": 39,
"details": "24. \tNo estate the sole property of a minor or of two or more minors, and descended to him or them by the regular course of inheritance, or by virtue of the will of, or some settlement made by, some deceased owner thereof, shall be sold for arrears of revenue accruing subsequently to his or their succession to the same, until such minor or one of such minors has completed his age of 22eighteen years; but all arrears of revenue shall be the first charge upon the proceeds of such estate if the estate is sold for any other cause during such minority.",
"name": "Restriction on sale for arrears of revenue of estate belonging to minor",
"related_acts": "",
"section_id": 39
},
{
"act_id": 39,
"details": "The Collector may, on an arrear so accruing on any such estate, attach the estate and collect the rents and all arrears of rent due, managing the estate either directly or through a manager or by farming it, as he may think fit, for a period not exceeding ten years, nor extending beyond the time when such minor or one of such minors completes his age of 23eighteen years.",
"name": "Power of Collector to attach such estate",
"related_acts": "",
"section_id": 40
},
{
"act_id": 39,
"details": "25. \tThe exemption from sale for arrears of revenue given by section 24 shall only apply to cases in which a written notice of the fact that the estate is the sole property of one or more minors, and entitled to such exemption, has been served on the Collector before the sale.",
"name": "Section 24 not to apply unless notice given",
"related_acts": "",
"section_id": 41
},
{
"act_id": 39,
"details": "26.\tWhen an estate has been farmed under the provisions of section 24, the proceeds of such farm shall be paid to the Collector; and the Collector, after deducting the amount of the claims of the Government for revenue and other public demands, and the charges of management, shall either pay the proceeds to the person authorized to receive them for the proprietor, or shall dispose of them in any of the modes mentioned in section 49 or in section 50.",
"name": "Application of proceeds of estate farmed under section 24",
"related_acts": "",
"section_id": 42
},
{
"act_id": 39,
"details": "27. \tWhenever any Collector has reason to believe that any person residing in his district, or being the proprietor of an estate borne on the revenue-roll of his district, should be declared or adjudged to be a disqualified proprietor under section 6, he shall make such inquiry as he may deem necessary; and, if satisfied that such person should be so declared or adjudged, shall make a report of the same to the Court;\tand the Court shall, on receipt of such report, make such order consistent with this Act, as may seem to it expedient.",
"name": "Procedure for ascertaining and declaring disqualification",
"related_acts": "",
"section_id": 43
},
{
"act_id": 39,
"details": "28. Nothing in section 27 shall prevent the Court or the Government from putting the provisions of this Act in force without any report from the Collector.",
"name": "Power to enforce provisions of Act without report",
"related_acts": "",
"section_id": 44
},
{
"act_id": 39,
"details": "If the property is not afterwards taken under the charge of the Court, all expenses incurred by a Collector acting under this section shall be recoverable as arrears of revenue from the owner of such property or the person or persons whom the collector shall find to be in possession of such property, and shall constitute a demand under Bengal Act No. VII of 1868, or any similar law for the time being in force.",
"name": "Recovery of expenses if property, is not taken under charge of Court",
"related_acts": "",
"section_id": 45
},
{
"act_id": 39,
"details": "29. Whenever any Collector receives information that the sole proprietor of an estate which is borne on the revenue roll of his district has died, or that the sole proprietor of any estate has died within his district, and such Collector has reason to believe that the heirs of such proprietor should be declared or adjudged to be disqualified under section 6, he may take such steps and make such orders for the safety and preservation of the movable property of such heirs, and of all deeds, or documents or papers relating to the property of such heirs, as to him may seem fit. Such Collector may call upon any other Collector in whose jurisdiction any such movable property, or any such deeds, documents or papers may be, to take charge of the same; and thereupon such other Collector shall have the same powers with respect to such property, deeds, documents and papers within his district as are conferred by this section on the first mentioned Collector.",
"name": "Powers of Collector as to preservation of property on death of a proprietor whose heirs should be declared disqualified",
"related_acts": "",
"section_id": 46
},
{
"act_id": 39,
"details": "30. A Collector acting under the last preceding section may direct that any person who has the custody of a minor heir of any such deceased proprietor shall produce such minor before such Collector or before any other Collector on a day fixed; and the Collector before whom the minor is so produced may make such order for the temporary custody and protection of such minor as to him may seem fit. If the minor is a female, she shall not be brought into the presence of the Collector, but the Collector may take such steps for her identification as he may think fit.",
"name": "Production of minor proprietor, and order for his temporary custody",
"related_acts": "",
"section_id": 47
},
{
"act_id": 39,
"details": "31. If a sole proprietor of an estate is reported by a Collector to be of unsound mind and incapable of managing his affairs, the Court may order the Collector making such report, or such other Collector as the Court may appoint, to apply, in pursuance of the provisions of the Lunacy Act, 1912, to the Civil Court of the district within the jurisdiction of which such proprietor may reside.",
"name": "Application to Civil Court in case of lunatics",
"related_acts": "96",
"section_id": 48
},
{
"act_id": 39,
"details": "32. If a sole proprietor of an estate is reported by a Collector to be incapable of managing his property on the ground of some physical defect or infirmity other than unsoundness of mind, the Court may order the Collector making such report, or such other Collector as the Court may appoint, to apply to the principal Civil Court of the district within which such person may be residing; and, upon such Collector so applying, such Civil Court shall inquire into and determine the question as to the alleged incapacity.",
"name": "Application to Civil Court to make inquiry regarding disqualification on ground of physical defect or infirmity",
"related_acts": "",
"section_id": 49
},
{
"act_id": 39,
"details": "33. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 50
},
{
"act_id": 39,
"details": "34. When any inquiry is instituted by a Civil Court under section 32, 24* * * such Court shall, for the purposes of making such inquiry, have the powers conferred, and proceed in the manner prescribed, by the Lunacy Act, 1912, with respect to the inquiries directed to be made by the said Act. The Civil Court shall transmit to the Court of Wards a copy of the order made on each such inquiry; and the Court of Wards shall thereupon in case the proprietor has been found by the Civil Court to be incapable as aforesaid, make such order, consistent with this Act, as it shall think fit. The Civil Court shall have, with reference to proprietors who have been adjudged to be incapable as aforesaid, the same powers as are conferred on a Civil Court by section 82 of the Lunacy Act, 1912 with reference to persons adjudged to be of unsound mind and incapable of managing their affairs.",
"name": "Powers and duties of Courts when inquiry is instituted under section 32",
"related_acts": "96,96",
"section_id": 51
},
{
"act_id": 39,
"details": "2534A. All expenses incurred by a Collector in taking action under section 31, section 32 in respect of any person shall, if the property of such person is not taken under the charge of the Court, be recoverable from such person or from the person whom the Collector finds to be in possession of such property, as if it were an arrear of land revenue, or under the procedure provided by the 26* * * Public Demands Recovery Act, 1913, for the recovery of public demands.",
"name": "Recovery of expenses incurred by Collector under sections 31 to 33",
"related_acts": "",
"section_id": 52
},
{
"act_id": 39,
"details": "35. Whenever the Court has determined to take the person or property of a disqualified proprietor under its charge, whether in accordance with an order of the Civil Court or otherwise, the Court shall make an order declaring the fact and directing that possession be taken of such person and property or of such property on behalf of the Court; and the Court shall be held to be in charge of such property from the time when possession shall have been so taken.",
"name": "Order declaring person or property to be under charge of Court",
"related_acts": "",
"section_id": 53
},
{
"act_id": 39,
"details": "36. As soon as conveniently may be after an order is made under the provisions of section 35, the Collector of every district within which any part of the ward's property may be situated, or some person authorized in writing by him in that behalf, shall take possession of all accounts, papers and movable property of the ward, and place under proper custody such portion thereof as he may think necessary. Any such Collector, or some person authorized as aforesaid may, in case he has reason to believe that any such account, paper or property is in any room, box or receptacle within any house in the actual possession of the ward, break open the same for the purpose of searching for such account, paper or property.",
"name": "Collector to take possession of movable property",
"related_acts": "",
"section_id": 54
},
{
"act_id": 39,
"details": "37. Any such Collector may also order all persons in the employ of the ward, or all persons who were in the employ of the deceased proprietor from whom the ward has derived his property, to attend before him; and may order any person to deliver up any accounts, papers or movable property belonging to the ward, or any accounts or papers relating to the wards property, which the Collector has reason to believe are in such person's possession, and may order all holders of tenures and under-tenures on such property to produce their titles to such tenures and under-tenures.",
"name": "Additional powers of Collector",
"related_acts": "",
"section_id": 55
},
{
"act_id": 39,
"details": "38. If no manager of the property of a ward is appointed by the Court, the Collector of the district in which the greater part of such property is situated, or any other Collector whom the Court may appoint in that behalf, shall be competent to do, under the orders of the Court, anything that might be lawfully done by the manager of such property.",
"name": "Collector when to be deemed manager",
"related_acts": "",
"section_id": 56
},
{
"act_id": 39,
"details": "39. Every manager appointed by the Court shall have power to manage all property which may be committed to his charge, to collect the rents of the land entrusted to him, as well as all other money due to the ward, and to grant receipts therefor; and may, under the orders of the Court, grant or renew such leases and farms as may be necessary for the good management of the property.",
"name": "Powers of manager",
"related_acts": "",
"section_id": 57
},
{
"act_id": 39,
"details": "40. Every manager shall manage the property committed to him diligently and faithfully for the benefit of the proprietor, and shall, in every respect, act to the best of his judgment for the ward's interest as if the property were his own.",
"name": "General duties of manager",
"related_acts": "",
"section_id": 58
},
{
"act_id": 39,
"details": "41. Every manager appointed by the Court shall- (a)\thave the care of so much of the property of the ward as the Court may direct; (b)\tgive such security (if any) as the Court thinks fit, to the Collector, duly to account for all such property and for what he shall receive in respect of such property; (c)\tcontinue liable to account to the Court, after he has ceased to be manager, for his receipts and disbursements during the period of his management; (d)\tpass his accounts at such periods and in such forms as the Court may direct; (e)\tpay the balance due from him thereon; (f)\tapply for the sanction of the Court to any act which may involve the property in expense not previously sanctioned by such Court; (g)\tsign all papers, deeds, documents and writings which may be executed by him by virtue of his office; (h)\tbe entitled to such allowance, to be paid out of the property, as the Court may think fit, for his care and pains in the execution of his duties; (i)\tbe responsible for any loss occasioned to the property by his wilful default or gross negligence.",
"name": "Specific duties of manager",
"related_acts": "",
"section_id": 59
},
{
"act_id": 39,
"details": "42. A guardian appointed to the care of a ward shall be charged with the custody of the ward, and must look to his maintenance, health, and, if he be a minor, to his education.",
"name": "General duties of guardian",
"related_acts": "",
"section_id": 60
},
{
"act_id": 39,
"details": "43. Every guardian appointed by the Court shall- (a)\tgive such security (if any) as the Court thinks fit, to the Collector for the due performance of his duty; (b)\tpass his accounts at such periods and in such form as the Court may direct; (c)\tpay the balance due from him thereon; (d)\tcontinue liable to account to the Court, after he has ceased to be guardian, for his receipts and disbursements during the period of his guardianship; (e)\tapply for the sanction of the Court to any act which may involve expense not previously sanctioned by the Court; (f)\tbe entitled to such allowance, to be paid out of the property of the word, as the Court may think fit, for his care and pains in the execution of the duties.",
"name": "Specific duties of guardian",
"related_acts": "",
"section_id": 61
},
{
"act_id": 39,
"details": "44. No person who would be the next legal heir of a ward or would otherwise be immediately interested in outliving a ward, shall be appointed to be his guardian; but nothing in this section shall apply to the mother of a ward or to a testamentary guardian.",
"name": "Exclusion of certain interested persons from guardianship",
"related_acts": "",
"section_id": 62
},
{
"act_id": 39,
"details": "45. If the ward is a female, a female of the same religion shall, except in the case of a testamentary guardian, be appointed guardian, preference being given to female relatives if any such be eligible. But no guardian shall ordinarily be appointed or continued for a female ward if she has an adult husband.",
"name": "Who to be guardian of female ward",
"related_acts": "",
"section_id": 63
},
{
"act_id": 39,
"details": "46. Every sum due to the Court from a manager or guardian or from the sureties of a manager or guardian, or from any officer or servant employed under the Court, or from the sureties of any such officer or servant, shall be recoverable as a demand under Act VII of 1868 or any similar law for the time being in force.",
"name": "Recovery of sums due to the Court",
"related_acts": "",
"section_id": 64
},
{
"act_id": 39,
"details": "47. The Court may order any past or present manager or guardian, or past or present officer subordinate to a manager or guardian, to deliver up his accounts or any property which may be in his possession within such time as may be fixed by the Court.",
"name": "Court may order guardian or manager to make over property",
"related_acts": "",
"section_id": 65
},
{
"act_id": 39,
"details": "48. All moneys received by the manager shall be applied to the purposes hereinafter mentioned, in accordance with such instructions as the Court may, from time to time, give in that behalf. 27Unless the Board of Land Administration shall specially otherwise direct, priority shall be given to the purposes included in class I over those included in class II, to the purposes included in class II over those included in class III and to the purposes included in class III over those included in class IV. Class I (1)\tThe payment of all charges necessary for the management and supervision of the property of the ward, (2) \tthe payment of the charges referred to in section 22, and (3) \tthe discharge of the instalments of Government revenue and of all cesses and other public demands from time to time due in respect of such property or any part of such property. Class II (1) \tThe payment of all rents, cesses and other demands due to any superior landlords in respect of any land held on behalf of the ward, and (2) \tthe payment of interest at not more than four and half per centum per annum no all debts incurred by the Court in behalf of the ward or on all debts incurred by the ward which the Court has admitted in the following order of priority: (a)\tdebts incurred by the Court in order to consolidate or pay off previous debts incurred at a higher rate of interest, (b)\tdebts secured by immovable property of the ward, (c)\tdebts which the Court has reduced under sub-section (2) of section 10D, and (d)\tother debts which the Court has admitted. Class III (1) \tThe maintenance in an efficient condition of the estates buildings and other immovable property belonging to the ward, and (2)\tthe payment, on such scale as the Court may authorize, of such religious, charitable and other allowances not exceeding the amounts paid out of the proceeds of the property before it came under the charge of the Court, and such allowances and donations be fitting the position of the ward's family and such expenses for the education of the members of the ward's family as the Court may authorized to be paid. Class IV (1) \tThe payment of the difference between interest at four and a half per centum per annum and interest at the rate contracted for all debts of the ward admitted by the Court in the order specified in clauses (b), (c) and (d) of item (2) in class-II, (2) \tliquidation of the principal amount of the debts in reasonable instalments, and (3) \timprovement of the land property of the ward and the benefit of the ward and his property generally.",
"name": "Application of moneys received by the manager",
"related_acts": "",
"section_id": 66
},
{
"act_id": 39,
"details": "49. \tIf the word is a female of sound mind, who has completed her age of twenty-one years, or a male who has completed his age of twenty-one years, whose property is under the charge of the Court under clause (e) of section 6, any surplus which remains after providing, so far as the Court may think fit, for the objects mentioned in section 48, shall be paid to such ward: Provided that, before paying any portion of such surplus to such ward, the Court may deduct therefrom and retain at its disposal any sums which it may consider necessary to retain- (1)\tas a working balance for the management of the property and expenses incidental thereto; (2)\tin order to make provision for any special charges which are expected to become payable on account of the property, and which probably cannot be met from the expected surplus of the followings years.",
"name": "Disposal of surplus moneys",
"related_acts": "",
"section_id": 67
},
{
"act_id": 39,
"details": "50. \tIf the ward is not a female or male as aforesaid, and if any surplus remains after providing, so far as the Court may think fit, for the objects mentioned in section 48, the same shall be applied in the purchase of other landed property, or invested at interest on the security of- promissory notes, debentures, stock and other securities of the 28Government; stock or debentures of or shares in railway or other companies, the interest whereon has been guaranteed by the 29Government. debentures or other securities for money paid by or on behalf of any municipal body under the authority of any 30* * * Act; or such other securities, stocks or shares, guaranteed by the 31Government as to the Court shall seem fit; or mortgages on immovable property.",
"name": "Power to invest surplus",
"related_acts": "",
"section_id": 68
},
{
"act_id": 39,
"details": "51. \tIn every suit brought by or against any ward he shall be therein described as a ward of Court; and the manager of such ward's property, or, if there is no manager, the Collector of the district in which the greater part of such property is situated, or any other Collector whom the Court of Wards may appoint in that behalf, shall be named as next friend or guardian for the suit, and shall in such suit represent such ward; and no other person shall be ordered to sue or be sued as next friend or be named as guardian for the suit by any Civil Court in which such suit may be pending.",
"name": "Manager or Collector to be next friend or guardian in suits by or against ward",
"related_acts": "",
"section_id": 69
},
{
"act_id": 39,
"details": "52. \tThe Court of Wards may, by an order, nominate or substitute any other person to be next friend or guardian for any such suit; and, upon receiving a copy of any such order of substitution, the Civil Court in which such suit is pending shall substitute the name of the next friend or guardian for suit so appointed for the name of the manager or Collector.",
"name": "Power of Court of Wards to nominate another person to be next friend or guardian for suit",
"related_acts": "",
"section_id": 70
},
{
"act_id": 39,
"details": "53. \tIf in any such suit any Civil Court shall decree any costs against the next friend or guardian for the suit of the wards, the Court of Wards shall cause such costs to be paid out of any property of the ward which for the time being may be in its hands.",
"name": "Payment of costs",
"related_acts": "",
"section_id": 71
},
{
"act_id": 39,
"details": "54. \tEvery process which may be issued out of any Civil Court against any ward shall be served, through the Collector, upon the next friend or guardian for the suit as aforesaid of such ward.",
"name": "Service of process against wards",
"related_acts": "",
"section_id": 72
},
{
"act_id": 39,
"details": "3255A. No decree or order shall be made by a Civil Court against any person for anything done, honestly and with due diligence under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 73
},
{
"act_id": 39,
"details": "55. \tNo suit shall be brought on behalf of any ward by a manager, unless the same be authorized by some order of the Court: Provided that a manager may authorize a plaint to be filed in order to prevent a suit from being barred by the law of limitation; but such suit shall not be after-wards proceeded with except under the sanction of the Court: Provided also that suits for arrears of rent may be brought on behalf of any ward if authorized by an order of the manager of the landed property on which such rents are due.",
"name": "Suits not to be brought on behalf of wards unless authorized by the Court of Wards",
"related_acts": "",
"section_id": 74
},
{
"act_id": 39,
"details": "56. Repealed by section 3 of Bengal Court of Wards (Amendment) Act, 1941 (Act No. IX of 1941).",
"name": "Repealed",
"related_acts": "",
"section_id": 75
},
{
"act_id": 39,
"details": "57. \tAny person who refuses to comply with an order of a Collector under sections 29, 30, 36 or 37 shall be liable, by order of the Collector, to a fine not exceeding five hundred taka.",
"name": "For disobeying certain orders of Collector",
"related_acts": "",
"section_id": 76
},
{
"act_id": 39,
"details": "58. \tAny person who refuses to comply with an order made under section 47 may be punished, by order of the Court, with simple imprisonment and attachment of his property until the order is complied with: Provided that the Collector may release any person who has been so imprisoned, on his furnishing sufficient security for his attendance and for the delivery of the accounts or property required within such time as the Collector shall think fit. The Collector may, at any time, rescind such order or release, and direct that effect shall be given to the previous order of imprisonment.",
"name": "For disobeying orders under section 47",
"related_acts": "",
"section_id": 77
},
{
"act_id": 39,
"details": "3358A. Any farmer, holding or having held lands under the Court, who, upon notice served upon him to that effect at any time during the currency of the lease or within six months after the expiry of the lease under which such land were held or after he has relinquished such lands, omits or refuses to furnish accounts or produce documents or papers required under such notice, and shall not show sufficient cause for such omission or refusal shall be liable to such fine as the Collector may think fit to impose, not exceeding one hundred taka for such omission; and the Collector may impose such further daily fine as he may think proper, not exceeding twenty taka for each day during which such farmer shall omit to furnish the accounts, documents or papers required after a date to be fixed by the Collector in a notice warning the farmer that such further daily fine will be imposed. Such notice shall be served by tendering to the person to whom it may be directed a copy thereof, attested by the Collector, or by delivering such copy at the usual place of abode of such person or to some adult male member of his family; or, in case it cannot be so served, by posting some copy upon such conspicuous part of the usual or last-known place of abode of such person; and, in case such notice cannot be served in any of the ways herein before mentioned, it shall be served in such a way as the Collector issuing the notice may direct; and the date fixed by such notice shall not be less than fifteen days after service thereof. The Collector may proceed from time to time to levy any amount which has become due in respect of any fine imposed under this section, notwithstanding that an appeal against the order imposing such fine may be pending: Provided that, whenever the amount levied under such order shall have exceeded five hundred taka, the Collector shall report the case specially to the 34Commissioner of the Division and no further levy in respect of such fine shall be made otherwise than by the authority of the 35said Commissioner.",
"name": "Penalty on farmer neglecting to furnish accounts, etc.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 39,
"details": "59. \tAny person who disobeys any lawful order of the Court shall be liable, on conviction before a Magistrate, to a fine not exceeding five hundred taka and, if he is a manager or guardian appointed by the Court, to a fine not exceeding one thousand taka.",
"name": "For disobeying order of Court",
"related_acts": "",
"section_id": 79
},
{
"act_id": 39,
"details": "3659A. Every person employed by the Court under this Act shall, for the purposes of the 37Penal Code, be deemed to be a public servant.",
"name": "Persons employed by Court to be \"public servants\"",
"related_acts": "",
"section_id": 80
},
{
"act_id": 39,
"details": "60. \tNo ward shall be competent to create, without the sanction of the Court, any charge upon, or interest in, his property or any part thereof, or to assign over or charge any allowance to be received by him from the Court.",
"name": "Disabilities of wards",
"related_acts": "",
"section_id": 81
},
{
"act_id": 39,
"details": "3860A. No property which is or has been under the charge of the Court shall be liable at any time, except with the leave of the Court, to be taken in execution of a decree made in respect of any contract entered into by the ward without the leave of the Court while his property was under such charge.",
"name": "Exemption of wards' property from execution proceedings in certain cases",
"related_acts": "",
"section_id": 82
},
{
"act_id": 39,
"details": "3960B. For the purposes of section 10C, Part VII and sections 60and 660A, a person whose property is under the charge of the Court of Wards under section 11 by reason of the fact that such person has become entitled to the property jointly with a disqualified proprietor, or charge of whose property has been retained under section 13A, shall be deemed to be a ward, but only so far as regards such property.",
"name": "Certain persons to be deemed to be wards",
"related_acts": "",
"section_id": 83
},
{
"act_id": 39,
"details": "61. No adoption by any ward, and no written or verbal permission to adopt given by any ward, shall be valid without the consent of the Government, obtained either previously or subsequently to such adoption, or to the giving of such permission, on application made to it through the Court.",
"name": "Adoption by ward invalid without consent of Government",
"related_acts": "",
"section_id": 84
},
{
"act_id": 39,
"details": "62. \tRepealed by the Bengal Court of Wards (Amendment) Act, 1906 (Bengal Act No. I of 1906).",
"name": "Repealed",
"related_acts": "",
"section_id": 85
},
{
"act_id": 39,
"details": "63. \tAny amount of interest which has accrued due, on arrears of rent or other demand recoverable as rent payable to the manager of an estate which is in charge of the Court, may be recovered in any manner and by any process according to which such arrears may be recovered under any law for the time being in force; and any Court or officer who is competent to make and order or certificate in execution of which such arrears or other demand are recoverable may direct that any costs incurred by the manager in obtaining such order or certificate, and in executing the same, shall be recovered in the same manner and by the process as if the amount thereof had been included in the said order or certificate.",
"name": "Recovery of interest on arrears of rent",
"related_acts": "",
"section_id": 86
},
{
"act_id": 39,
"details": "64. \tWhen any penalty is imposed by any order under section 57 or section 58, the Collector or Court passing such order shall make a formal record of the same, with the reasons or grounds thereof.",
"name": "Record of reasons when penalty imposed under section 57 or 58",
"related_acts": "",
"section_id": 87
},
{
"act_id": 39,
"details": "4064A. Any notice required to be published by the provisions of section 9A or of sub-section (1) of section 10A or clause 3 of section 23 and any order required to be published under section 65, shall be published- (a)\tin the official Gazette; (b)\tin at least three issues each of one English and one Vernacular newspaper published in Dacca; (c)\tin two issues of a newspaper (if any) published in the district or Division in which the ward ordinarily resides, or has last resided; and (d)\tby posting such notice on the notice-boards in the offices of the Collector and of the Judge of the district in which the place named in the notice is situate.",
"name": "Publication of notices",
"related_acts": "",
"section_id": 88
},
{
"act_id": 39,
"details": "65. \tWhenever the Court has determined to release the property of a ward from its charge, it shall make an order that the jurisdiction of the Court over such property shall cease on a date not more than sixty and not less than fifteen days from the date of such order; and copies of such order shall be published in the manner provided in section 64A.",
"name": "Procedure when Court's jurisdiction ceases",
"related_acts": "",
"section_id": 89
},
{
"act_id": 39,
"details": "4165A. Any expense incurred by the Court on account of any property under its charge may, after the release of such property, be recovered as a public demand under the 42* * * Public Demands Recovery Act, 1913, from any person into whose possession such property or any part thereof may have passed immediately after the release by the Court of such property: Provided that the sum so recovered from any such person shall not be greater than the value of any such property which so passed into the possession of such person.",
"name": "Recovery of expenses after release of property",
"related_acts": "",
"section_id": 90
},
{
"act_id": 39,
"details": "66. A Collector making any inquiry under this Act may exercise any power conferred by the Code of Civil Procedure, 1908 on a Civil Court for the trial of suits.",
"name": "Judicial powers of Collector in making inquiries",
"related_acts": "86",
"section_id": 91
},
{
"act_id": 39,
"details": "4367. An appeal shall lie from every order of a Collector under this Act to the Commissioner of the Division, and from every order of a Commissioner under this Act to the 44Court and the Order of the Court shall be final.",
"name": "Appeals",
"related_acts": "",
"section_id": 92
},
{
"act_id": 39,
"details": "68. All orders or proceedings 45of the Commissioner and of the Collector under this Act shall be subject to the supervision and control of the Court ; and the Court may, if it thinks fit, revise, modify or reverse any such order or proceeding, whether an appeal is presented against such order or proceeding or otherwise.",
"name": "Control by Court",
"related_acts": "",
"section_id": 93
},
{
"act_id": 39,
"details": "69. Omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).",
"name": "Omitted",
"related_acts": "",
"section_id": 94
},
{
"act_id": 39,
"details": "70. The Court may make rules, consistent with this Act,- 46(a)\tdefining the powers of Commissioners and Collectors respectively when the property of a ward is situated in two or more districts or in two or more divisions; (b)\tprescribing what reports shall be made from time to time by Collectors 47and Commissioners on the condition of the ward and his property; (c)\tprescribing the periods at which and the mode in which accounts shall be submitted by managers and guardians respectively, and the mode in which such accounts shall be audited; (d)\tregulating the custody of securities and title deeds belonging to the estate or property of a ward; (e)\tregulating the procedure in appeals from orders of Collectors 48and Commissioners respectively under this Act; (f)\tprescribing the procedure to be observed when a property ceases to be under the charge of the Court; and (g)\tgenerally for the better fulfilment of the purposes of this Act. The Court may from time to time alter, add to or repeal such rules.",
"name": "Power to Court to make rules",
"related_acts": "",
"section_id": 95
}
],
"text": "1♣ An Act to amend the law relating to the Court of Wards. WHEREAS it is expedient to amend the law relating to the Court of Wards in Bangladesh. It is enacted as follows:-"
} |
{
"id": 40,
"lower_text": [
"1 The words and comma \"Touts Act,\" were substituted, for the words \"Legal Practitioners Act\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was replaced for the word \"Pakistan\" by the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President's Order No. 48 of 1972)",
"3 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, comma and letter \"vakil or attorney of any High Court, a pleader\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)",
"6 The figure \"36A\" was substituted, for the figure \"31A\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Section 36A was added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"The Supreme Court\" were substituted, for the words \"Every High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Touts Act, 1879",
"num_of_sections": 8,
"published_date": "29th October, 1879",
"related_act": [
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 40,
"details": "1. This Act may be called the 1Touts Act, 1879: and shall come into force on the first day of January, 1880.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 40,
"details": "It extends to the whole of 2Bangladesh.",
"name": "Commencement Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 40,
"details": "2. Repealed by the Repealing Act, 1938 (Act I of 1938), section 2 and Schedule.",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 40,
"details": "3. In this Act, unless there be something repugnant in the subject or context,- \"Judge\" means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated: \"Subordinate Court\" means all Courts subordinate to the 3High Court Division, including Courts of Small Causes established under Act No. XI of 1865. \"revenue-officer\" includes all Courts (other than Civil Courts) trying suits under any Act for the time being in force relating to land-holders and their tenants or agents: \"legal practitioner\" means an advocate, 4* * * muktar or revenue agent: \"tout\" means a person – (a)\twho procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in an legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or (b)\twho for the purposes of such procurement frequents the precincts of Civil or Criminal Courts or of revenue-offices, or railway stations, landing stages, lodging places or other places of public resort; or (c)\twho is declared to be deemed to be a tout for the purposes of this Act by rules made by the 5High Court Division or the Chief Controlling Revenue Authority, as the case may be, under section 636A.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 40,
"details": "Sections 4-35. Repealed by section 51 of the Legal Practitioners and Bar Councils Act, 1965 (Act No. III of 1965).",
"name": "(Containing sections 4-35) Repealed",
"related_acts": "",
"section_id": 5
},
{
"act_id": 40,
"details": "736A. (1) The Supreme Court may, from time to time, make rules consistent with this Act as to the following matters, namely:- (a)\tthe employment of clerks by Advocates and Muktears; (b)\tthe manner in which and the terms subject to which such clerks may be granted licences; (c)\tthe fees (if any) to be paid for such licences; and (d)\tthe conditions under which persons acting as clerks of Advocates, and Muktears without licences shall be deemed to be touts for the purpose of this Act. (2) \tThe Chief Controlling Revenue Authority may, from time to time, make rules consistent with this Act relating to the matters specified in sub-section (1) in regard to clerks of Revenue agents. (3) \tAll rules made under this section shall be submitted to the Government for approval, and, after they have been approved, they shall be published in the official Gazette and on this publication they shall have effect as if enacted in this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 40,
"details": "36.(1) 8The Supreme Court, District Judge, Sessions Judge, District Magistrate and, every Revenue-officer, not being below the rank of a Collector of a district (each as regards their or his own Court and the Courts, if any, subordinate thereto), may frame and publish lists of persons proved to their or his satisfaction, or to the satisfaction of any subordinate Court as provided in sub-section (2A) by evidence of general repute or, otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists. Explanation – The passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise as legal practitioners in any Court or revenue –office, shall be evidence of the general repute of such person for the purposes of this sub-section. (2)\tNo person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. (2A) Any authority empowered under sub-section (1) to frame and publish a list of touts may send to any Court subordinate to such authority the names of any persons alleged or suspected to be touts, and order that Court to hold an inquiry in regard to such persons; and the subordinate Court shall thereupon hold an inquiry into the conduct of such persons and, after giving each such person an opportunity of showing cause as provided in sub-section (2), shall report to the authority which has ordered the inquiry the name of each such person who has been proved to the satisfaction of the subordinate Court to be a tout; and that authority may include the name of any such person in the list of touts framed and published by that authority: Provided that such authority shall hear any such person who, before his name has been so included, appears before it and desires to be heard. (3) \tA copy of every such list shall be kept hung up in every Court to which the same relates. (4) \tThe Court or Judge may, by general or special order, exclude from the precincts of the Court any person whose name is included in any such list. (5) \tEvery person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of section 13, clause (e), and section 22, clause (d). (6) Any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred taka, or with both. (7)\tEvery person who having been excluded from the precincts of a Court under sub-section (4) enters or is found within the precincts of any Court without a written permission from the Presiding Officer of the Court shall be deemed to be acting as a tout within the meaning of sub-section (6): Provided that this sub-section shall not apply where such person is a party to any case in the Court or has been directed to appear by any process of the Court. (8) \tAny presiding officer of a Court may, by an order in writing, direct any person named in order to arrest any such tout found within the precincts of the Court. Such tout may be arrested accordingly and shall be forthwith produced before the officer. If the tout admits his offence the provisions of sections 480 and 481 of the Code of Criminal Procedure, 1898, shall be applicable, so far as may be, to his detention, trial and punishment. If the tout does not admit his offence the provisions of section 482 of the said Code shall be similarly applicable to his detention, trial and punishment.",
"name": "Power to frame and publish list of touts",
"related_acts": "75",
"section_id": 7
},
{
"act_id": 40,
"details": "Sections 37-41. Repealed by section 51 of the Legal Practitioners and Bar Councils Act, 1965 (Act No. III of 1965). Section 42. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "(Containing sections 37- 42) Repealed",
"related_acts": "",
"section_id": 8
}
],
"text": "An Act to consolidate and amend the law relating to Legal Practitioners. Preamble WHEREAS it is expedient to consolidate and amend the law relating to Legal Practitioners; It is hereby enacted as follows:-"
} |
{
"id": 41,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Muslims\" was substituted, for the word \"Muhammadans\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, comma and figure \"Registration Act, 1908\" were substituted, for the words, comma and figure \"Indian Registration Act, 1877\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Religious Societies Act, 1880",
"num_of_sections": 9,
"published_date": "9th January, 1880",
"related_act": [
41,
90,
430
],
"repelled": false,
"sections": [
{
"act_id": 41,
"details": "1. This Act may be called the Religious Societies Act, 1880. It shall extend to the whole of 1Bangladesh but nothing herein contained shall apply to any Hindus, 2Muslims or Buddhists, or to any person whom the 3Government may from time to time by notification in the official Gazette, exclude from the operation of this Act.",
"name": "Short title\tLocal extent",
"related_acts": "41",
"section_id": 1
},
{
"act_id": 41,
"details": "2. When any body of persons associated for purpose of maintaining religious worship has acquired, or hereafter shall acquire, any property, and such property has been or hereafter shall be vested in trustees in trust for such body, and it becomes necessary to appoint a new trustee in the place of or in addition to any such trustee or any trustee appointed in the manner hereinafter prescribed, and no manner of appointing such new trustee is prescribed by any instrument by which such property was so vested or by which the trusts on which it is held have been declared, or such new trustee cannot for any reason be appointed in the manner so prescribed, such new trustee may be appointed in such manner as may be agreed upon by such body, or by a majority of not less than two-thirds of the members of such body actually present at the meeting at which the appointment is made.",
"name": "Appointment of new trustee in cases not otherwise provided for",
"related_acts": "",
"section_id": 2
},
{
"act_id": 41,
"details": "3. Every appointment of new trustees under section 2 shall be made to appear by some memorandum under the hand of the chairman for the time being of the meeting at which such appointment is made. Such memorandum shall be in the form set forth in the schedule hereto annexed, or as near thereto as circumstances allow, shall be executed and attested by two or more credible witnesses in the presence of such meeting, and shall be deemed to be a document of which the registration is required by the 4Registration Act, 1908 section 17.",
"name": "Appointment under section 2 to be recorded in a memorandum under the hand of the chairman of the meeting",
"related_acts": "90",
"section_id": 3
},
{
"act_id": 41,
"details": "4. When any new trustees have been appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner hereinbefore provided, the property subject to the trust shall forthwith, notwithstanding anything contained in any such instrument, become vested, without any conveyance or other assurance, in such new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such new trustees wholly, upon the same trusts, and with and subject to the same powers and provisions, as it was vested in the old trustees.",
"name": "Property to vest in new trustees without conveyance",
"related_acts": "",
"section_id": 4
},
{
"act_id": 41,
"details": "5. Nothing herein contained shall be deemed to invalidate any appointment of new trustees, or any conveyance of any property, which may hereafter be made as heretofore was by law required.",
"name": "Saving of existing modes of appointment and conveyance",
"related_acts": "",
"section_id": 5
},
{
"act_id": 41,
"details": "6. Any number not less than three-fifths of the members of any such body as aforesaid may at a meeting convened for the purpose determine that such body shall be dissolved; and thereupon it shall be dissolved forthwith, or at the time then agreed upon; and all necessary steps shall be taken for the disposal and settlement of the property of such body, its claim and liabilities, according to the rules of such body applicable thereto, if any, and, if not, then as such body at such meeting may determine: Provided that, in the event of any dispute arising among the members of such body, the adjustment of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the chief building of such body is situate; and the Court shall make such order in the matter as it deems fit.",
"name": "Provision for dissolution of societies and adjustment of their affairs",
"related_acts": "",
"section_id": 6
},
{
"act_id": 41,
"details": "7. If upon the dissolution of any such body there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of such body or any of them, but shall be given to some other body of persons associated for the purpose of maintaining religious worship or some other religious or charitable purpose to be determined by the votes of not less than three-fifths of the members present at a meeting convened in this behalf, or in default thereof by such Court as last aforesaid.",
"name": "Upon a dissolution no member to receive profit",
"related_acts": "",
"section_id": 7
},
{
"act_id": 41,
"details": "8. Nothing in section 6 and 7 shall be deemed to affect any provision contained in any instrument for the dissolution of such body, or for the payment or distribution of such property.",
"name": "Saving of certain provisions of instruments",
"related_acts": "",
"section_id": 8
},
{
"act_id": 41,
"details": "9. When any question arises, either in connection with the matters hereinbefore referred to, or otherwise, as to whether any person is a member of any such body as aforesaid, or as to the validity of any appointment under this Act, any person interested in such question may apply by petition to the 5High Court Division for its opinion on such question. A copy of such petition shall be served upon, and the hearing thereof may be attended by, such other person interested in the question as the Court thinks fit. Any opinion given by the Court on an application under this section shall be deemed to have the force of a declaratory decree. The costs of every application under this section shall be in the discretion of the Court.",
"name": "Questions may be submitted to High Court Division",
"related_acts": "",
"section_id": 9
}
],
"text": "An Act to confer certain powers on Religious Societies. Preamble WHEREAS it is expedient to simplify the manner in which certain bodies of persons associated for the purpose of maintaining religious worship may hold property acquired for such purpose, and to provide for the dissolution of such bodies and the adjustment of their affairs and for the decision of certain questions relating to such bodies; It is hereby enacted as follows:-"
} |
{
"id": 42,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Vaccination Act, 1880",
"num_of_sections": 49,
"published_date": "26th May 1880",
"related_act": [
42,
430
],
"repelled": false,
"sections": [
{
"act_id": 42,
"details": "WHEREAS it is expedient to make vaccination compulsory in the port of Chittagong and in certain towns and selected local areas in Bangladesh to which this Act may be hereafter extended; It is hereby enacted as follows:-",
"name": "Preamble",
"related_acts": "",
"section_id": 1
},
{
"act_id": 42,
"details": "1. This Act may be called the 2* * * Vaccination Act, 1880;",
"name": "Short title Extent",
"related_acts": "42",
"section_id": 2
},
{
"act_id": 42,
"details": "The Government may, by notification published in the official Gazette, declare its intention to extend this Act, or any of its provisions, to any town or selected local area in Bangladesh.",
"name": "Power to extend Act to towns and local areas",
"related_acts": "",
"section_id": 3
},
{
"act_id": 42,
"details": "Any inhabitant of such town or area objecting to such extension may, within six weeks from the said publication, send his objection in writing to the Secretary to the Government, and the Government shall take such objection into consideration.",
"name": "Objection to such extension",
"related_acts": "",
"section_id": 4
},
{
"act_id": 42,
"details": "When six weeks from the said publication have expired, the Government, if no such objections have been sent as aforesaid, or (where such objections have been so sent in) if in its opinion they are insufficient, may by like notification effect the proposed extension. The Government shall cause the substance of any notification mentioned in this section to be proclaimed and notified within the town or area affected by the same, in the vernacular of such town or area, by such means, and in such manner, as it may direct.",
"name": "Procedure thereon",
"related_acts": "",
"section_id": 5
},
{
"act_id": 42,
"details": "The operation of this Act in any place may at any time be suspended by the Government by notification in the official Gazette.",
"name": "Commencement",
"related_acts": "",
"section_id": 6
},
{
"act_id": 42,
"details": "2. In this Act, unless there be something repugnant in the subject or context,- \"parent\" includes the father and mother of a legitimate child, and the mother of an illegitimate child; \"guardian\" means any person to whom the care, nurture or custody of any child falls by law, or by natural right or recognized usage, or who has accepted or assumed the care, nurture or custody of any child, or to whom the care or custody of any child has been entrusted by any authority lawfully authorized in that behalf; \"public vaccinator\" means any vaccinator appointed under this Act, or any person duly authorized to act for such public vaccinator; \"Inspector” means a person authorized by the Superintendent of Vaccination to exercise all or any of the functions of an Inspector under this Act; \"medical practitioner” means any person duly qualified by a diploma, degree or license to practise in medicine or surgery; \"unprotected child\" means a child who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination; \"unprotected person\" includes a child who has no parent or guardian and means a person who has not been protected from small-pox by having had that disease naturally or by having been successfully vaccinated, and who has not been certified under the provisions of this Act to be insusceptible of vaccination; \"section\" means a section of this Act.",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 7
},
{
"act_id": 42,
"details": "3. The parent or guardian of every child born in any place to which this Act applies, as above provided, or may hereafter be extended shall, within six months after the birth of such child, and the parent or guardian of every unprotected child under the age of fourteen years brought to reside, whether temporarily or permanently, in such place aforesaid, shall, within six months after such child's arrival in such place, take it, or cause it to be taken to a public vaccine-station to be vaccinated, or shall, within such period as aforesaid, cause it to be vaccinated by some medical practitioner or public vaccinator;",
"name": "Parent or guardian of children born in compulsory limits, and of unprotected children brought to reside in such limits, must procure their vaccination",
"related_acts": "",
"section_id": 8
},
{
"act_id": 42,
"details": "and the parent or guardian of every unprotected child may, whenever the Superintendent of Vaccination, as hereinafter appointed, shall deem it expedient, be served with a notice, in the form prescribed in the first schedule of this Act, requiring the parent or guardian, within fifteen days after the service of the same, to take such child, or cause such child to be taken, to a public vaccine-station to be vaccinated, or within such period as aforesaid to cause it to be vaccinated by some medical practitioner or public vaccinator;",
"name": "Unprotected child may be required to be vaccinated within fifteen days",
"related_acts": "",
"section_id": 9
},
{
"act_id": 42,
"details": "and every such parent or guardian shall, within the said period, comply with the requisition; and any public vaccinator to whom such child, or to whom any child under the age of fourteen years, is brought for vaccination at such vaccine-station, or who is requested to vaccinate such child elsewhere than at a public vaccine-station, is hereby required, with all reasonable dispatch, subject to the conditions hereinafter mentioned, to vaccinate such child.",
"name": "Public vaccinator bound to vaccinate all children brought to him",
"related_acts": "",
"section_id": 10
},
{
"act_id": 42,
"details": "4. At an appointed hour on a day not less than seven or more than ten days after the operation shall have been performed, or on an earlier day, if required, the parent or guardian shall cause the child to be inspected by the operator (if a medical practitioner) or by an Inspector, that the result of the operation may be ascertained;\tand when any public vaccinator has vaccinated a child elsewhere than at a public vaccine-station, an Inspector shall visit the child at the time and for the purpose above mentioned, whether he is requested to do so or not.",
"name": "Inspection",
"related_acts": "",
"section_id": 11
},
{
"act_id": 42,
"details": "In the event of the vaccination being unsuccessful, such parent or guardian shall, if the Inspector or medical practitioner so direct, cause the child to be forthwith again vaccinated and subsequently inspected as on the previous occasion. No fee shall be charged by an Inspector for anything done by him under this section.",
"name": "Repetition of vaccination",
"related_acts": "",
"section_id": 12
},
{
"act_id": 42,
"details": "5. \tIf any Inspector or medical practitioner shall be of opinion that any child is not in a fit state to be vaccinated, he shall forthwith deliver to the parent or guardian of such child a certificate under his hand according to the form of Schedule A hereto annexed, or to the like effect, that the child is then in a state unfit for vaccination. The said certificate shall remain in force for one month only, but shall be renewable for successive periods of one month until the Inspector or medical practitioner shall deem the child to be in a fit state for vaccination, when the child shall, with all reasonable despatch, be vaccinated, and a certificate of successful vaccination given in the form of Schedule C hereto annexed according to the provisions of section 7 if warranted by the result.",
"name": "If child be unfit for vaccination, certificate in Form A to be given, which shall remain in force for one month, but shall be renewable",
"related_acts": "",
"section_id": 13
},
{
"act_id": 42,
"details": "6. (1) If any Inspector or medical practitioner finds- (a)\tthat a child brought for vaccination has already had small-pox, or (b) \tthat a child who has been three times unsuccessfully vaccinated is insusceptible of successful vacci-nation, he shall deliver to the parent or guardian of such child a certificate under his hand, according to the form in Schedule B hereto annexed, or to the like effect. (2)\tIf the Superintendent is satisfied that such child has already had small-pox or is insusceptible of successful vaccination, he shall endorse such certificate. (3) \tSuch endorsement shall operate as an exemption from liability to vaccination,- (i) \tin case (a) in sub-section (1)- absolutely, and (ii)\tin case (b) in that sub-section-for a period of twelve months. (4) \tUpon the expiration of the said period, the parent or guardian of such child shall forthwith cause the child to be vaccinated again; and if an Inspector or a medical practitioner finds after two further unsuccessful vaccinations that the child is insusceptible of successful vaccination, he shall deliver to the parent or guardian a further certificate under his hand, according to the form of Schedule B hereto annexed, or to the like effect; and if the Superintendent of vaccination be again satisfied that the child is insusceptible of successful vaccination, he shall endorse such certificate and such endorsement shall operate as an absolute exemption from liability to further vaccination.",
"name": "Procedure where child is found to have had small-pox or to be insusceptible of successful vaccination",
"related_acts": "",
"section_id": 14
},
{
"act_id": 42,
"details": "7. When a public vaccinator or medical practitioner has performed the operation of vaccination upon any child, and an Inspector or such practitioner has ascertained that the same has been successful, such Inspector or practitioner, as the case may be, shall deliver to the parent or guardian of such child a certificate according to the form of Schedule C hereto annexed or to the like effect, certifying that the said child has been successfully vaccinated.",
"name": "Provision for giving certificates of successful vaccination",
"related_acts": "",
"section_id": 15
},
{
"act_id": 42,
"details": "8. No fee or remuneration shall be charged by any Inspector to the parent or guardian of any child for any such certificate as aforesaid, nor by any public vaccinator for any vaccination done by him in pursuance of this Act at a public vaccine-station. But, when a public vaccinator attends at the request of the parent or guardian elsewhere than at a public vaccine-station for the purpose of vaccinating a child, he shall be paid a fee not exceeding fifty poisha; such fee to be devoted to the purposes in the next succeeding section mentioned.",
"name": "No fee to be charged for vaccination at a public vaccine-station, or for certificates",
"related_acts": "",
"section_id": 16
},
{
"act_id": 42,
"details": "9. All such fees shall be appropriated as the Government may from time to time direct.",
"name": "Fees how to be appropriated",
"related_acts": "",
"section_id": 17
},
{
"act_id": 42,
"details": "10. The Superintendent of Vaccination, as hereinafter appointed, or any of his assistants, or any Inspector may, from time to time, inspect the vaccination of any child, whether performed by a public vaccinator or medical practitioner; and may, if he thinks fit, direct that such child be forthwith again vaccinated.",
"name": "Superintendent of vaccination or his assistants may inspect vaccination of child",
"related_acts": "",
"section_id": 18
},
{
"act_id": 42,
"details": "11. Every unprotected person may, whenever the said Superintendent of vaccination shall deem it advisable, be served with a notice in the form in Schedule D hereto annexed, requiring him, within fifteen days after service of the same, to submit himself to a public vaccinator or medical practitioner to be vaccinated; and every such person shall, within the said period, submit himself to a public vaccinator or medical practitioner for vaccination.",
"name": "Unprotected persons to be vaccinated",
"related_acts": "",
"section_id": 19
},
{
"act_id": 42,
"details": "12. The provisions of sections 3 to 10 (both inclusive) shall apply, with the necessary alterations, to the case of unprotected persons.",
"name": "Former sections applicable",
"related_acts": "",
"section_id": 20
},
{
"act_id": 42,
"details": "13. The powers conferred by sections 11 and 30 upon the said Superintendent of Vaccination may, in the case of unprotected persons arriving in the port of Chittagong, be exercised by the Health Officer of the said port immediately upon their arrival.",
"name": "Health Officer of Port may cause vaccination of unprotected persons on their arrival",
"related_acts": "",
"section_id": 21
},
{
"act_id": 42,
"details": "If a vessel arrives in the said port of Chittagong having on board any person suffering from the disease of small-pox, the said Health Officer may, if he deem it expedient in order to prevent the risk of the contagion of small-pox being conveyed into the town or suburbs of Chittagong, require any unprotected person on board such vessel to submit himself forthwith to be vaccinated; and every such person shall, before leaving the vessel, submit himself to the said Health Officer, or any person duly authorized to act in this behalf, for vaccination: Provided that nothing herein contained shall apply to any vessel belonging to, or in the service of, the Government, or to any vessel belonging to any foreign Prince or State.",
"name": "Health Officer may, in certain cases, require immediate vaccination of unprotected person on board",
"related_acts": "",
"section_id": 22
},
{
"act_id": 42,
"details": "13A. Every person occupying any house, enclosure, vessel or other place within the limits of the town or port of Chittagong, or the suburbs of Chittagong, shall allow the Superintendent of Vaccination, or a medical practitioner, or public vaccinator or Inspector duly authorized by him in this behalf, such access thereto as he may require for the purpose of ascertaining whether the inmates are protected or not, and as, having regard to the customs of the country, may be reasonable. Whenever it is necessary to ascertain whether a woman is protected or not, the investigation shall be conducted by a female with strict regard to the habits and customs of the country.",
"name": "Occupier of house, etc., to allow access",
"related_acts": "",
"section_id": 23
},
{
"act_id": 42,
"details": "14. \tFor the purposes of this Act, the Deputy Commissioner may, subject to the approval of the Government, appoint such stations for the performance of vaccination as he may, from time to time, deem fit. Such stations shall be called \"public vaccine-stations\".",
"name": "Public vaccine-stations",
"related_acts": "",
"section_id": 24
},
{
"act_id": 42,
"details": "The Deputy Commissioner may appoint such public vaccinators and vaccination establishments for carrying out the purposes of this Act as he may, from time to time, deem fit.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 42,
"details": "The positions of the public vaccine-stations fixed under the provisions of this section, and the days and hours of the public vaccinators' attendance at each station, shall be published, from time to time, in such manner as the Deputy Commissioner may direct.",
"name": "Notification of stations and hours of attendance",
"related_acts": "",
"section_id": 26
},
{
"act_id": 42,
"details": "15. The Deputy Commissioner may, from time to time, make such rules, consistent with this Act, as he may deem fit, for regulating the expenses of such vaccination establishments aforesaid, the payment of public vaccinators and Inspectors, and the realization and scale of fees under this Act.",
"name": "Power of Deputy Commissioner to make rules",
"related_acts": "",
"section_id": 27
},
{
"act_id": 42,
"details": "16. The Civil Surgeon of a district, or such other officer as the Government may, from time to time, appoint in that behalf, shall, in that district, exercise the powers and perform the duties by this Act assigned to the Superintendent of Vaccination. Such officer, subject to the orders of the Government, shall have a general control over all the proceedings of public vaccinators and Inspectors, and shall perform such duties in connection with public vaccination, in addition to those prescribed by this Act, as shall be required by the Government.",
"name": "Superintendent of Vaccination",
"related_acts": "",
"section_id": 28
},
{
"act_id": 42,
"details": "17. Omitted by the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 29
},
{
"act_id": 42,
"details": "18. On the registration of the birth of any child under the provisions of any law for the time being in force, the Registrar shall deliver to the person giving information of such birth a printed notice in the form of Schedule E hereto annexed, or to the like effect; and such notice shall have attached thereto the several forms of certificates prescribed by this Act.",
"name": "Registrar of Births to give notice of requirement of vaccination",
"related_acts": "",
"section_id": 30
},
{
"act_id": 42,
"details": "19. Every Inspector or medical practitioner, who gives to any parent or guardian a certificate in any of the forms of the said Schedules A, B and C, shall, within twenty-one days after giving the same, transmit a duplicate thereof to the Registrar of Births of the district where the birth of the child on whose account such certificate was given has been registered; or, if that be not known to him, to the Registrar of the district within which the child was vaccinated or presented for vaccination.",
"name": "Duplicates of all certificates to be transmitted to the Registrar",
"related_acts": "",
"section_id": 31
},
{
"act_id": 42,
"details": "20. \tThe Registrar of Births shall keep a book, in such form as may, from time to time, be prescribed by the rules made under section 33, in which he shall enter minutes of the notices of vaccination given by him as herein required, and shall also register the duplicates of certificates transmitted to him as herein provided.",
"name": "Registrar to keep a vaccination notice and certificate book,",
"related_acts": "",
"section_id": 32
},
{
"act_id": 42,
"details": "21. He shall also prepare and keep a duplicate of the register of births required to be kept by him under the provisions of any law for the time being in force, with such additional columns as shall, from time to time, be prescribed by the rules made under section 33, in which he shall record the date of every duplicate certificate in the form of the said Schedule B or Schedule C received by him concerning any child whose birth he has registered, and make an entry to the effect that the child has been vaccinated or is insusceptible of vaccination, as the case may be.",
"name": "and also a duplicate register of births with entries concerning vaccination,",
"related_acts": "",
"section_id": 33
},
{
"act_id": 42,
"details": "22. He shall also keep a register of postponed vaccinations in the form of Schedule F hereto annexed, in which he shall record the name of every child concerning whom he receives a duplicate certificate in the form of the said Schedule A, together with the date of such duplicate certificate, and of each such successive duplicate certificate if he receives more than one; and shall show the number and year of the entry, if any, in the register of births in which such child's birth has been registered.",
"name": "and also a register of postponed vaccinations",
"related_acts": "",
"section_id": 34
},
{
"act_id": 42,
"details": "23. Every Registrar shall transmit, on or before the fifteenth of every month, to the Superintendent of Vaccination, a return, in such form as may, from time to time, be prescribed by the rules made under section 33, of all cases in which duplicate certificates have not been duly received by him, in pursuance of the provisions of this Act, during the last preceding month.",
"name": "Transmission of returns to Superintendent",
"related_acts": "",
"section_id": 35
},
{
"act_id": 42,
"details": "24. \tThe Government may direct that the duties imposed on the Registrar of Births under sections 19, 20, 21, 22 and 23 shall be performed by any other person appointed by the Government.",
"name": "Government may direct any person to perform duties of Registrar",
"related_acts": "",
"section_id": 36
},
{
"act_id": 42,
"details": "25. Omitted by the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 37
},
{
"act_id": 42,
"details": "26. If the Superintendent of Vaccination shall notify in writing to a Magistrate that he has reason to believe, from the statement of an informant or otherwise, that any child under the age of fourteen years is an unprotected child, and that he has given notice to the parent or guardian of such child to procure its being vaccinated, and that the said notice has been disregarded, such Magistrate may summon such parent or guardian to appear with the child before him; and if the Magistrate shall find, after such inquiry as he shall deem necessary, that the child is an unprotected child, he may, whether the child has been produced or not, make an order directing such child to be vaccinated within a certain time.",
"name": "Magistrate may make an order for the vaccination of any unprotected child under fourteen years",
"related_acts": "",
"section_id": 38
},
{
"act_id": 42,
"details": "If the child is at any time produced before him, the Magistrate may, unless the child is certified under section 5 to be in a state unfit for vaccination, order it to be vaccinated forthwith in his presence, and in that case may punish such parent or guardian, for any recusancy under this clause, with fine which shall not exceed five Taka. If, at the expiration of the time appointed by the Magistrate, the child shall not have been vaccinated, or shall not be shown to be then unfit to be vaccinated, or to be insusceptible of vaccination, the person upon whom such order shall have been made shall, unless he can show some reasonable ground for his omission to carry the order into effect, be punished with fine which may extend to fifty Taka: Provided that if the Magistrate shall be of opinion that the person is improperly brought before him, and shall refuse to make an order for the vaccination of the child, he may direct the said Superintendent to disclose the name of his informant, if any, and may order such informant to pay to such persons such sum of money as the Magistrate shall consider a fair compensation for expenses and loss of time in attending before him: Provided also that nothing in this section shall be held to compel the production before a Magistrate of any female child above the age of eight years.",
"name": "Penalty for disobedience of such order",
"related_acts": "",
"section_id": 39
},
{
"act_id": 42,
"details": "27. If any parent or guardian intentionally omits to produce a child whom he has been summoned to produce under the last preceding section, he shall be liable to fine which may extend to one hundred Taka and to a further fine of twenty-five Taka for every day during which the offence continues: Provided that the aggregate amount of fine for such offence shall not exceed one thousand Taka.",
"name": "Penalty for not producing a child",
"related_acts": "",
"section_id": 40
},
{
"act_id": 42,
"details": "28. Whoever, in contravention of this Act,- (a)\tneglects without reasonable excuse to submit himself, within fifteen days after the service on him of the notice prescribed by section 11, to a public vaccinator or medical practitioner to be vaccinated, or to the operator (if a medical practitioner) or to an Inspector after vaccination to be inspected, or",
"name": "Penalty for neglect to be vaccinated",
"related_acts": "",
"section_id": 41
},
{
"act_id": 42,
"details": "(b)\tneglects without reasonable excuse to take or cause a child to be taken to be vaccinated, or after vaccination to be inspected, or (c)\tneglects to fill up and sign and give to any person or to the parent or guardian of any child any certificate which such person, parent or guardian is entitled to receive from him, or to transmit a duplicate of the same to the Registrar of Births, or (d)\trefuses without reasonable excuse to submit himself to be vaccinated when required so to do by the Health Officer exercising the powers conferred upon him by section 13, shall be punished for each such offence with fine which may extend to fifty Taka. No prosecution under this section shall be instituted after the expiry of twelve months from the date on which the offence has been committed.",
"name": "",
"related_acts": "",
"section_id": 42
},
{
"act_id": 42,
"details": "29. Whoever wilfully signs or makes, or procures the signing or making of, a false certificate or duplicate certificate under this Act, shall be punished with imprisonment of either description, within the meaning of the 3Penal Code, for a term which may extend to six months, or with fine which may extend to one hundred Taka, or with both.",
"name": "Penalty for making or signing false certificate",
"related_acts": "",
"section_id": 43
},
{
"act_id": 42,
"details": "29A. Whoever voluntarily obstructs any public vaccinator or Inspector in the discharge of the duties assigned to him as such shall be punished for each such offence with fine which may extend to fifty Taka.",
"name": "Penalty for obstructing public vaccinator or Inspector in the discharge of his duties",
"related_acts": "",
"section_id": 44
},
{
"act_id": 42,
"details": "29B. Any public vaccinator or Inspector who vexatiously and unnecessarily enters any house, enclosure, vessel, on other place, on pretence of ascertaining whether the inmates, or any of them, are protected or not, shall, for every such offence, be punished with fine which may extend to fifty Taka.",
"name": "Vexatious entry by public vaccinator or Inspector",
"related_acts": "",
"section_id": 45
},
{
"act_id": 42,
"details": "30. All offences under this Act shall be cognizable by a Magistrate, subject to the provisions of any law for the time being in force for the trial of offences; but no complaint of any such offences shall be entertained unless the prosecution be instituted by order of, or under authority from, the Government or the Superintendent of Vaccination.",
"name": "Prosecutions to be instituted by Government or Superintendent of Vaccination",
"related_acts": "",
"section_id": 46
},
{
"act_id": 42,
"details": "31. In any prosecution for neglect to procure the vaccination of child it shall not be necessary in support thereof to prove that the defendant had received notice from the Registrar or any other officer of the requirements of the law in this respect; but, if the defendant produce any such certificate as herein before described, or the duplicate of the register of births or the register of postponed vaccinations kept by the Registrar as hereinbefore provided, in which such certificate shall be duly entered, the same shall be a sufficient defense for him, except in regard to the certificate according to the form of the said Schedule A, when the time specified therein for the postponement of the vaccination shall have expired before the time when the information shall have been laid.",
"name": "Prosecution for neglect",
"related_acts": "",
"section_id": 47
},
{
"act_id": 42,
"details": "32. It shall be the duty of the Superintendent of Vaccination to show in an annual return the number of children successfully vaccinated, the number whose vaccination has been postponed, and the number certified to be insusceptible of successful vaccination during the year; and generally to fill up any forms that may be prescribed, from time to time, by the Government.",
"name": "Annual return to be made of the number of children vaccinated, etc.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 42,
"details": "33. The Government may, from time to time, make rules or issue orders, consistent with this Act,- (a)\tdetermining the qualifications to be required of public vaccinators and Inspectors; (b)\tregulating the scale of fees to be paid; (c)\tregulating the gratuitous vaccination of such females as are by the custom of the country unable to attend at the public vaccine-stations and are too poor to pay fees; (d)\tproviding for the supply of lymph; (e)\tregulating the books and forms to be kept by the public vaccinators and Inspectors or by Registrars, and also such forms as shall be required for the signature of medical practitioners under the provisions of this Act; and generally (f)\tfor the guidance of public vaccinators and Inspectors and others in all matters connected with the working of this Act. All such rules or orders shall be published in the official Gazette.",
"name": "Government to make rules",
"related_acts": "",
"section_id": 49
}
],
"text": "1♣An Act to make vaccination compulsory."
} |
{
"id": 43,
"lower_text": [
"1 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Muslims\" was substituted, for the word \"Muhammadans\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Government\" was substituted, for the words \"Provincial Government\" by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule"
],
"name": "The Kazis Act, 1880",
"num_of_sections": 5,
"published_date": "9th July, 1880",
"related_act": [
43,
430
],
"repelled": false,
"sections": [
{
"act_id": 43,
"details": "1. This Act may be called the Kazis Act, 1880;",
"name": "Short title",
"related_acts": "43",
"section_id": 1
},
{
"act_id": 43,
"details": "The 1Government may from time to time, by notification in the official Gazette, extend it to the whole or any part of the territories under its administration.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 43,
"details": "2. Whenever it appears to the 2Government that any considerable number of the 3Muslims resident in any local area desire that one or more Kazis should be appointed for such local area, the 4Government may, if it thinks fit, after consulting the principal 5Muslim residents of such local area, select one or more fit persons and appoint him or them to be kazis for such local area. If any question arises whether any person has been rightly appointed kazi under this section, the decision thereof by the 6Government shall be conclusive. The 7Government may, if it thinks fit, suspend or remove any kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the 8Government unfit, or personally incapable, to discharge the duties of the office.",
"name": "Power to appoint Kazis for any local area",
"related_acts": "",
"section_id": 3
},
{
"act_id": 43,
"details": "3. Any Kazi appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed. When any Kazi is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be.",
"name": "Naib Kazis",
"related_acts": "",
"section_id": 4
},
{
"act_id": 43,
"details": "4. Nothing herein contained, and no appointment made hereunder, shall be deemed- (a)\tto confer any judicial or administrative powers on any Kazi or Naib Kazi appointed hereunder; or (b)\tto render the presence of a Kazi or Naib Kazi necessary at the celebration of any marriage or the performance of any rite or ceremony; or (c)\tto prevent any person discharging any of the functions of a Kazi.",
"name": "Nothing in act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act for the appointment of persons to the office of Kazi. WHEREAS it is expedient to make provision for appointment of persons to be office of Kazi; It is enacted as follows:-"
} |
{
"id": 44,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word “Government” was substituted, for the words “Provincial Government” or “Central Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “includes a Paurashava or a Municipal Corporation” were substituted, for the words “includes a Municipal Corporation” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, commas and figures “the Army Act, 1952, the Naval Discipline Ordinance, 1961 or the Air Force Act, 1953” were substituted, for the words, commas, figures and bracket “the Army Act, the Indian Army Act, 1911 or the Pakistan Army Act, 1952, the Naval Discipline Act or that Act as modified by the Pakistan Navy (Discipline) Act, 1934, the Air Force Act or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Municipal Taxation Act, 1881",
"num_of_sections": 8,
"published_date": "25th February, 1881",
"related_act": [
248,
256,
44,
430
],
"repelled": false,
"sections": [
{
"act_id": 44,
"details": "1. This Act may be called the Municipal Taxation Act, 1881.",
"name": "Short title",
"related_acts": "44",
"section_id": 1
},
{
"act_id": 44,
"details": "It extends to the whole of 2Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 44,
"details": "2. In this Act “Municipal Committee” 3includes a Paurashava or a Municipal Corporation or a body of Municipal Commissioners constituted by or under the provisions of any enactment for the time being in force.",
"name": "“Municipal Committee” defined",
"related_acts": "",
"section_id": 3
},
{
"act_id": 44,
"details": "3. Notwithstanding anything contained in any enactment for the time being in force, the Government may, by an order in writing, prohibit the levy by a Municipal Committee of any specified tax- (a)\tpayable by any person subject to 4the Army Act, 1952, the Naval Discipline Ordinance, 1961 or the Air Force Act, 1953 who is compelled by the exigencies of Military, Naval or Air-force duty to reside within the limits of a municipality; The Government may, by a like order, rescind any such prohibition.",
"name": "Power to prohibit levy of tax",
"related_acts": "248,256",
"section_id": 4
},
{
"act_id": 44,
"details": "3A. \tNotwithstanding anything in any enactment for the time being in force, the Government may by an order in writing prohibit the levy by a Municipal Committee of any specified tax payable by the Government and may by a like order rescind any such prohibition.",
"name": "Power of Government to prohibit levy of taxes on it",
"related_acts": "",
"section_id": 5
},
{
"act_id": 44,
"details": "4. So long as any order made under section 3, prohibiting the levy of a tax on any person mentioned in that section remains in force, the Government shall be liable to pay to the Municipal Committee mentioned in the order the amount which otherwise would have been payable to such Committee by such person: Provided that the Government shall not be liable to pay any sum in respect of any horse which such person is bound, by the regulations of the service to which he belongs, to keep.",
"name": "Government to pay taxes referred to in section 3",
"related_acts": "",
"section_id": 6
},
{
"act_id": 44,
"details": "5. So long as any order made under section 3A prohibiting the levy of any tax payable by the Government, remains in force, the said Government shall be liable to pay to the Municipal Committee, in lieu of such tax, such sums (if any) as an officer from time to time appointed in this behalf by the Government may, having regard to all the circumstances of the case, from time to time determine to be fair and reasonable.",
"name": "Payments to be made in lieu of taxes referred to in section 3A",
"related_acts": "",
"section_id": 7
},
{
"act_id": 44,
"details": "6. If any question arises whether any duty is military, naval or air-force duty within the meaning of this Act, the decision of the Government thereon shall be conclusive. If any question arises whether any person is compelled as aforesaid to reside within the limits of a municipality or is bound as aforesaid to keep any horse, the decision thereon of such authority as the Government may, from time to time, appoint in this behalf shall be conclusive.",
"name": "Decision of questions arising under this Act",
"related_acts": "",
"section_id": 8
}
],
"text": "1♣An Act to give power to prohibit the levy of municipal taxes in certain cases. Preamble WHEREAS it is expedient to empower the Government to prohibit, in certain cases, the levy of municipal taxes payable by persons in the military, naval or air-force service or by the Government; It is hereby enacted as follows:-"
} |
{
"id": 45,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Central Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Obstructions in Fairways Act, 1881",
"num_of_sections": 14,
"published_date": "15th March, 1881",
"related_act": [
45,
430
],
"repelled": false,
"sections": [
{
"act_id": 45,
"details": "1. This Act may be called the Obstructions in Fairways Act, 1881; But nothing herein contained shall apply to vessels belonging to, or hired by a contract made on behalf of, the Government.",
"name": "Short title",
"related_acts": "45",
"section_id": 1
},
{
"act_id": 45,
"details": "2. Whenever, in any fairway leading to any port in Bangladesh, any vessel is sunk, stranded or abandoned, or any fishing-stake, timber or other thing is placed or left, the Government may, if in its opinion such thing is, or is likely to become, an obstruction or danger to navigation,- (a)\tcause such thing or any part thereof to be removed; or (b) \tif such thing is of such a description or so situate that, in the opinion of the Government, it is not worth removing, cause the same or any part thereof to be destroyed.",
"name": "Government empowered to remove or destroy obstruction in fairway",
"related_acts": "",
"section_id": 2
},
{
"act_id": 45,
"details": "3. Whenever anything is removed under section 2, the Government shall be entitled to receive a reasonable sum, having regard to all the circumstances of the case, for the expenses incurred in respect of such removal.",
"name": "Government entitled to expenses incurred in removing obstruction",
"related_acts": "",
"section_id": 3
},
{
"act_id": 45,
"details": "Any dispute arising concerning the amount due under this section, in respect of anything so removed, shall be decided by the District Magistrate having jurisdiction at the place where such thing is, upon application to him for that purpose by either of the disputing parties; and such decision shall be final.",
"name": "Dispute concerning such expenses",
"related_acts": "",
"section_id": 4
},
{
"act_id": 45,
"details": "4. The Government shall, whenever anything is removed under section 2, publish in the official Gazette a notification containing a description of such thing, and the time at which and the place from which the same was so removed.",
"name": "Notice of removal to be given by Government",
"related_acts": "",
"section_id": 5
},
{
"act_id": 45,
"details": "5. If, after publishing such notification, such thing is unclaimed, or if the person claiming the same fails to pay the amount due for the said expenses and any customs-duties or other charges properly incurred by the Government in respect thereof, the Government may sell such thing by public auction, if it is of a perishable nature, forthwith, and, if it is not of a perishable nature, at any time not less than six months after publishing such notification as aforesaid.",
"name": "Things removed may, in certain cases, be sold",
"related_acts": "",
"section_id": 6
},
{
"act_id": 45,
"details": "6. On realizing the proceeds of such sale, the amount due for expenses and charges as aforesaid, together with the expenses of the sale, shall be deducted therefrom, and the surplus (if any) shall be paid to the owner of the thing sold, or, if no such person appear and claim such surplus, shall be held in deposit for payment, without interest, to any person thereafter establishing his right to the same: Provided that he makes the claim within one year from the date of the sale.",
"name": "Proceeds how applied",
"related_acts": "",
"section_id": 7
},
{
"act_id": 45,
"details": "7. For the purposes of this Act, the term “vessel” shall be deemed to include also every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel; and any proceeds arising from the sale of a vessel, and of the cargo thereof, or of any other property recovered therefrom, shall be regarded as a common fund.",
"name": "“Vessel” to include tackle, cargo, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 45,
"details": "8. The Government may, from time to time, by notification in the official Gazette, make rules to regulate or prohibit, in any fairway leading to a port in Bangladesh, the placing of fishing-stakes, the casting or throwing of ballast, rubbish or any other thing likely to give rise to a bank or shoal, or the doing of any other act which will in its opinion, cause, or be likely to cause, obstruction or danger to navigation.",
"name": "Power to make rules to regulate and prohibit the placing of obstructions in fairways",
"related_acts": "",
"section_id": 9
},
{
"act_id": 45,
"details": "9. Whoever is guilty of any act or omission in contravention of the rules made under section 8 may be tried for such offence in any district in which he is found, and shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for breach of such rules",
"related_acts": "",
"section_id": 10
},
{
"act_id": 45,
"details": "10. Whenever the maintenance or creation of an obstruction in any fairway has become lawful by long usage or otherwise, and such obstruction is removed or destroyed under section 2, or its creation is regulated or prohibited under section 8, any person having a right to maintain or create such obstruction shall be entitled to receive from the Government reasonable compensation for any damage caused to him by such removal, destruction, regulation or prohibition. Every dispute arising concerning the right to such compensation, or the amount thereof, shall be determined according to the law for the time being in force relating to like disputes in the case of land needed for public purposes and not otherwise; and for the purposes of such law the fairway from or in which such obstruction was removed or destroyed, or in which its creation was regulated or prohibited, shall be deemed to be a part of the district in which the port to which such fairway leads is situate.",
"name": "Compensation payable in certain cases for damage caused under this Act",
"related_acts": "",
"section_id": 11
},
{
"act_id": 45,
"details": "11. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 12
},
{
"act_id": 45,
"details": "12. Nothing herein contained shall be deemed to prevent the exercise by the Government of any other powers possessed by it in this behalf.",
"name": "Saving other powers possessed by Government",
"related_acts": "",
"section_id": 13
},
{
"act_id": 45,
"details": "13. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 14
}
],
"text": "1♣An Act to empower the Government to remove or destroy obstructions in fairways, and to prevent the creation of such obstructions. Preamble WHEREAS it is expedient to empower the Government to remove or destroy obstructions to navigation in fairways leading to ports in Bangladesh and to prevent the creation of such obstructions; It is hereby enacted as follows:-"
} |
{
"id": 46,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “Pakistan”, Central Government” and “Rs.” or “Rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, figures and comma “Articles 23 and 24 of the Bangladesh Bank Order, 1972” were substituted, for the words, figures and comma “Sections 24 and 25 of the State Bank of Pakistan Act, 1956” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 1A was inserted by section 3 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinanance No. XLIX of 1962)",
"4 Sections 21A, 21B and 21C were inserted by section 12 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"5 Section 27A was inserted by section 16 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"6 Sections 28A, 29A, 29B and 29C were inserted by section 19 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"7 Section 38A was inserted by section 23 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"8 Section 45A was inserted by section 3 of the Negotiable Instruments Act, 1885 (Act No. II of 1885)",
"9 Section 53A was inserted by section 28 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"10 Sections 57A and 57B were inserted by section 30 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"11 Section 71A was inserted by section 36 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"12 Section 75A was inserted by section 2 of the Negotiable Instruments (Amendment)Act, 1920 (Act No. XXV of 1920)",
"13 The word “Dinajpur” was substituted, for the word “Sialkot” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Section 85A was inserted by section 2 of the Negotiable Instruments (Amendment) Act, 1930 (Act No. XXV of 1930)",
"15 Section 104A was inserted by section 5 of the Negotiable Instruments Act, 1885 (Act No. II of 1885)",
"16 Section 122A was inserted by section 42 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"17 Section 123A was inserted by section 43 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"18 Section 125A was inserted by section 45 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"19 Section 131A was inserted by section 2 of the Negotiable Instruments (Amendment) Act, 1947 (Act No. XXXIII of 1947)",
"20 Sections 131B, 131C, 131D, 131E, 131F, 131G, 131H and 131I were inserted by the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962)",
"21 The “CHAPTER XVII” including sections 138 to 141 were substituted, for “CHAPTER XVII” including sections 138 and 139” by section 2 of the Negotiable Instruments (Amendment) Act, 1994 (Act No. XIX of 1994).",
"22 Section 138A was inserted by section 3 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)",
"23 The existing section was re-numbered as sub-section (1) by section 2 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000)",
"24 The words and commas “for the discharge, in whole or in part, of any debt or other liability,” were omitted by section 2 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000)",
"25 The word “thrice” was substituted, for the word “twice” by section 2 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000)",
"26 The words \"thirty days\" were substituted for the words \"fifteen days\" by section 2 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)",
"27 The words \"thirty days\" were substituted, for the words \"fifteen days\" by section 2 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)",
"28 The Explanation of sub-section (1) of section 138 was omitted by section 2 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000)",
"29 Sub-section (1A) was inserted by section 2 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)",
"30 Sub-sections (2) and (3) were added by section 2 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000)",
"31 Clause (c) of section 141 was substituted, for the former clasue (c) by section 4 of the Negotiable Instruments (Amendment) Act, 2006 (Act No. III of 2006)"
],
"name": "The Negotiable Instruments Act, 1881",
"num_of_sections": 181,
"published_date": "9th December, 1881",
"related_act": [
43,
75,
46,
430,
308,
86,
26
],
"repelled": false,
"sections": [
{
"act_id": 46,
"details": "1. This Act may be called the Negotiable Instruments Act, 1881.",
"name": "Short title",
"related_acts": "46",
"section_id": 1
},
{
"act_id": 46,
"details": "It extends to the whole of Bangladesh; but nothing herein contained affects the provisions of 2Articles 23 and 24 of the Bangladesh Bank Order, 1972; and it shall come into force on the first day of March, 1882.",
"name": "Commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 46,
"details": "31A. Every negotiable instrument shall be governed by the provisions of this Act, and no usage or custom at variance with any such provision shall apply to any such instrument.",
"name": "Application of the Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 46,
"details": "2. Repealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 46,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“accommodation party” means a person who has signed a negotiable instrument as a maker, drawer, acceptor or indorser without receiving the value thereof and for the purpose of lending his name to some other person; (b)\t“banker” means a person transacting the business of accepting, for the purpose of lending or investment, of deposits of money form the public, repayable on demand or otherwise and withdrawable by cheque, draft, order or otherwise, and includes any Post Office Savings Bank; (c)\t“bearer” means a person who by negotiation comes into possession of a negotiable instrument, which is payable to bearer; (d)\t“delivery” means transfer of possession, actual or constructive, from one person to another; (e)\t“issue” means the first delivery of a promissory note, bill of exchange or cheque complete in form to a person who takes it as a holder; (f)\t“material alteration” in relation to a promissory note, bill of exchange or cheque includes any alteration of the date, the sum payable, the time of payment, the place of payment, and, where any such instrument has been accepted generally, the addition of a place of payment without the acceptor's assent; and (g)\t“notary public” includes any person appointed by the Government to perform the functions of notary public under this Act and a notary appointed under the Notaries Ordinance, 1961.",
"name": "Interpretation-clause.",
"related_acts": "308",
"section_id": 5
},
{
"act_id": 46,
"details": "4. A “promissory note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay on demand or at a fixed or determinable future time a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.Illustrations A signs instruments in the following terms: (a) \t“I promise to pay B or order Taka 500.” (b) \t“I acknowledge myself to be indebted to B in Taka 1,000 to be paid on demand, for value received.” (c) \t“Mr. B, I O U Taka 1,000.” (d) \t“I promise to pay B Taka 500 and all other sums which shall be due to him.” (e) \t“I promise to pay B Taka 500, first deducting thereout any money which he may owe me.” (f) \t“I promise to pay B Taka 500 seven days after my marriage with C.” (g) \t“I promise to pay B Taka 500 on D's death, provided D leaves me enough to pay that sum.” (h) \t“I promise to pay B Taka 500 and to deliver to him may black horse on 1st January next.” The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.",
"name": "“Promissory note”",
"related_acts": "",
"section_id": 6
},
{
"act_id": 46,
"details": "5. A “bill of exchange” is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay on demand or at fixed or determinable future time a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument. A promise or order to pay is not “conditional”, within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain. The sum payable may be “certain,” within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is payable at the current rate of exchange, and although it is to be paid in stated instalments and contains a provision that on default of payment of one or more instalments or interest, the whole or the unpaid balance shall become due. Where the person intended can reasonably be ascertained from the promissory note or the bill of exchange, he is a “certain person” within the meaning of this section and section 4, although he is misnamed or designated by description only. An order to pay out of a particular fund is not unconditional within the meaning of this section; but an unqualified order to pay, coupled with- (a)\tan indication of a particular fund out of which the drawee is to reimburse himself or a particular account to be debited to the amount, or (b)\ta statement of the transaction which gives rise to the note or bill, is unconditional. Where the payee is a fictitious or non-existing person the bill of exchange may be treated as payable to bearer.",
"name": "“Bill of exchange”",
"related_acts": "",
"section_id": 7
},
{
"act_id": 46,
"details": "6. A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.",
"name": "“Cheque”",
"related_acts": "",
"section_id": 8
},
{
"act_id": 46,
"details": "7. The maker of a bill of exchange or cheque is called the “drawer;” the person thereby directed to pay is called the “drawee.” When in the bill or in any indorsement thereon the name of any person is given in additional to the drawee to be resorted to in case of need, such person is called a “drawee in case of need.” After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the “acceptor”. When a bill of exchange has been noted or protested for non-acceptance or for better security, and any person accepts it supra protest for honour of the drawer or of any one of the indorsers, such person is called an “acceptor for honour.”\t“Acceptor for honour” The person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the “payee”.",
"name": "“Drawer”\t“Drawee”\t“Drawee in case of need”\t“Acceptor”\t“Acceptor for honour”\t“Payee”",
"related_acts": "",
"section_id": 9
},
{
"act_id": 46,
"details": "“Payee” 8. The “holder” of a promissory note, bill of exchange or cheque means the payee or indorsee who is in possession of it or the bearer thereof but does not include a beneficial owner claiming through a benamidar.\t“Holder” Explanation - Where the note, bill or cheque is lost and not found again, or is destroyed, the person in possession of it or the bearer thereof at the time of such loss or destruction shall be deemed to continue to be its holder.",
"name": "“Holder”",
"related_acts": "",
"section_id": 10
},
{
"act_id": 46,
"details": "9. “Holder” in due course” means any person who for consideration becomes the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if payable to order, before it became overdue, without notice that the title of the person from whom he derived his own title was defective.\t“Holder in due course” Explanation - For the purposes of this section the title of a person to a promissory note, bill of exchange or cheque is defective when he is not entitled to receive the amount due thereon by reason of the provisions of section 58.",
"name": "“Holder in due course”",
"related_acts": "",
"section_id": 11
},
{
"act_id": 46,
"details": "10. “Payment in due course” means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.",
"name": "“Payment in due course”",
"related_acts": "",
"section_id": 12
},
{
"act_id": 46,
"details": "11. A promissory note, bill of exchange or cheque drawn or made in Bangladesh, and made payable in, or drawn upon any person resident in, Bangladesh shall be deemed to be an inland instrument.",
"name": "Inland instrument",
"related_acts": "",
"section_id": 13
},
{
"act_id": 46,
"details": "12. Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.",
"name": "Foreign instrument",
"related_acts": "",
"section_id": 14
},
{
"act_id": 46,
"details": "13.(1) A “negotiable instrument” means a promissory note, bill of exchange or cheque payable either to order or to bearer. Explanation (i) - A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable. Explanation (ii) - A Promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last indorsement is an indorsement in blank. Explanation (iii) - Where a promissory note, bill of exchange or cheque either originally or by indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option. (2) \tA negotiable instrument may be made payable to two or more payees jointly or it may be made payable in the alternative to one of two, or one or some of several payees.",
"name": "“Negotiable instrument”",
"related_acts": "",
"section_id": 15
},
{
"act_id": 46,
"details": "14. When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated.",
"name": "Negotiation",
"related_acts": "",
"section_id": 16
},
{
"act_id": 46,
"details": "15. When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to indorse the same, and is called the “indorser”.",
"name": "Indorsement",
"related_acts": "",
"section_id": 17
},
{
"act_id": 46,
"details": "16. (1) If the indorser signs his name only, the indorsement is said to be “in blank”, and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement is said to be “in full”, and the person so specified is called the “indorsee” of the instrument. (2) \tThe provisions of this Act relating to a payee shall apply with the necessary modifications to an indorsee.",
"name": "Indorsement “in blank” and “in full”“Indorsee”",
"related_acts": "",
"section_id": 18
},
{
"act_id": 46,
"details": "17. Where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated accordingly.",
"name": "Ambiguous instruments",
"related_acts": "",
"section_id": 19
},
{
"act_id": 46,
"details": "18. If the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid: Provided that if the words, are ambiguous or uncertain, the amount may be ascertained by referring to the figures.",
"name": "Where amount is stated differently in figures and words",
"related_acts": "",
"section_id": 20
},
{
"act_id": 46,
"details": "19. A promissory note or bill of exchange is payable on demand,- (a)\twhere it is expressed to be so, or to be payable at sight or on presentment; or (b)\twhere no time for payment is specified in it; or (c)\twhere the note or bill accepted or indorsed after it is overdue, as regards the person accepting or indor-sing it.",
"name": "Instruments payable on demand.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 46,
"details": "20.(1) Where one person signs and delivers to another a paper stamped in accordance with the law relating to stamp duty chargeable on negotiable instruments, either wholly blank or having written thereon an incomplete negotiable instrument, in order that it may be made, or completed into a negotiable instrument he thereby gives prima facie authority to the person who receives that paper to make or complete it, as the case may be, into a negotiable instrument for the amount, if any, specified therein, or, where no amount is specified for any amount, not exceeding, in either case, the amount covered by the stamp. (2) \tThe person so signing shall, subject to the provisions of sub-section (3), be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course, for the amount specified in the instrument or filled up therein: Provided that no person other than a holder in due course shall receive from the person so signing the paper anything in excess of the amount intended by him to be paid thereunder. (3) \tIn order that any such instrument may on completion be enforceable against any person who became a party thereto before such completion, it must be filled up within a reasonable time and strictly in accordance with the authority given: Provided that if any such instrument after completion is negotiated to a holder in due course, it shall be valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given.",
"name": "Inchoate stamped instruments",
"related_acts": "",
"section_id": 22
},
{
"act_id": 46,
"details": "21. The expression “after sight” means, in a promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, or noting for non-acceptance, or protest for non-acceptance.",
"name": "“At sight” \t“On presentment” \t“After sight”",
"related_acts": "",
"section_id": 23
},
{
"act_id": 46,
"details": "421A. A promissory note or bill of exchange payable on demand shall be deemed to be overdue when it appears on the face of it to have been in circulation for an unreasonable length of time.",
"name": "When note or bill payable on demand is overdue",
"related_acts": "",
"section_id": 24
},
{
"act_id": 46,
"details": "21B. A promissory note or bill of exchange is payable at a determinable future time within the meaning of this Act if it is expressed to be payable- (a)\tat a fixed time after date or sight; or (b)\ton or at a fixed time after the occurrence of a specified event which is certain to happen, though the time of its happening may be uncertain.",
"name": "A note or bill payable at a determinable future time",
"related_acts": "",
"section_id": 25
},
{
"act_id": 46,
"details": "21C. A promissory note, bill of exchange or cheque is not invalid by reason only that it is anti-dated or post-dated: Provided that anti-dating or post-dating does not involve any illegal or fraudulent purpose or transaction.",
"name": "Anti-dating and post-dating",
"related_acts": "",
"section_id": 26
},
{
"act_id": 46,
"details": "22. The maturity of a promissory note or bill of exchange is the date at which it falls due. Every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.",
"name": "“Maturity” \tDays of grace",
"related_acts": "",
"section_id": 27
},
{
"act_id": 46,
"details": "23. In calculating the date at which a promissory note or bill of exchange, made payable a stated number of months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of the month which corresponds with the day on which the instrument is dated, or presented for acceptance or sight, or noted for non-acceptance, or protested for non-acceptance, or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. If the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month. Illustrations (a) \tA negotiable instrument, dated 29th January, 1878, is made payable at one month after date. The instrument is at maturity on the third day after the 28th February, 1878. (b) \tA negotiable instrument, dated 30th August 1878, is made payable three months after date. The instrument is at maturity on the 3rd December, 1878. (c) \tA promissory note or bill of exchange, dated 31st August, 1878, is made payable three months after date. The instrument is at maturity on the 3rd December, 1878.",
"name": "Calculating maturity of bill or note payable so many months after date or sight",
"related_acts": "",
"section_id": 28
},
{
"act_id": 46,
"details": "24. In calculating the date at which a promissory note or bill of exchange made payable a certain number of days after date or after sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or sight, or of protest for non-acceptance, or on which the event happens, shall be excluded.",
"name": "Calculating maturity of bill or note payable so many days after date or sight",
"related_acts": "",
"section_id": 29
},
{
"act_id": 46,
"details": "25. When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day. Explanation - The expression “public holiday” includes Sundays and the days declared by the Government, by notification in the official Gazette, to be public holidays.",
"name": "When day of maturity is a holiday",
"related_acts": "",
"section_id": 30
},
{
"act_id": 46,
"details": "26. Every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.",
"name": "Capacity to make, etc., promissory notes, etc.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 46,
"details": "Where such an instrument is made, drawn or negotiated by a minor, the making, drawing or negotiation entitles the holder to receive payment of such instrument and to enforce it against any party thereto other than the minor. Nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such instruments except in cases in which, under the law for the time being in force, they are so empowered.",
"name": "Minor",
"related_acts": "",
"section_id": 32
},
{
"act_id": 46,
"details": "27. Every person capable of binding himself or of being bound, by the making, drawing, acceptance or negotiation of a negotiable instrument, may so bind himself or be bound by a duly authorised agent acting in his name. A general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal. An authority to draw bills of exchange does not of itself import an authority to indorse.",
"name": "Agency",
"related_acts": "",
"section_id": 33
},
{
"act_id": 46,
"details": "527A. A partner acting in the firm name may bind the firm by the making, drawing, acceptance or negotiation of a negotiable instrument to the extent authorised by law relating to partnership for the time being in force.",
"name": "Authority of partner",
"related_acts": "",
"section_id": 34
},
{
"act_id": 46,
"details": "28.(1) Where a person signs a promissory note, bill of exchange or cheque without adding to his signature words indicating that he signs it as an agent for and on behalf of a principal or in a representative character, he is personally liable thereon but the mere addition to his signature of words describing him as an agent or as filling a representative character does not exempt him from personal liability. (2) Notwithstanding anything contained in sub-section (1), any person signing a promissory note, bill of exchange or cheque for and on behalf of the principal is not liable to a person who induces him to sign upon the belief that the principal alone would be held liable.",
"name": "Liability of agent signing",
"related_acts": "",
"section_id": 35
},
{
"act_id": 46,
"details": "628A.(1) Where the holder of a negotiable instrument payable to bearer negotiates it by delivery without indorsing it, he is called a “transferor by delivery”. (2) A transferor by delivery is not liable on the instrument. (3) A transferor by delivery who negotiates a negotiable instrument thereby warrants to his immediate transferee, being a holder for consideration, that the instrument is what it purports to be, that he has a right to transfer it, and that at the time of transfer he is not aware of any defect which renders it valueless.",
"name": "Transferor by delivery and transferee",
"related_acts": "",
"section_id": 36
},
{
"act_id": 46,
"details": "29. A legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such.",
"name": "Liability of legal representative signing",
"related_acts": "",
"section_id": 37
},
{
"act_id": 46,
"details": "29A. No person is liable as maker, drawer, indorser or acceptor of a promissory note, bill of exchange or cheque who has not signed it as such: Provided that where a person signs any such instrument in a trade or assumed name he is liable thereon as if he had signed it in his own name.",
"name": "Signature essential to liability",
"related_acts": "",
"section_id": 38
},
{
"act_id": 46,
"details": "29B. Subject to the provisions of this Act, where a signature on a promissory note, bill of exchange or cheque is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorised signature is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the instrument is precluded from setting up the forgery or want of authority: Provided that nothing in this section shall effect the ratification of an unauthorised signature not amounting to a forgery.",
"name": "Forged or unauthorised signature",
"related_acts": "",
"section_id": 39
},
{
"act_id": 46,
"details": "29C. A person placing his signature upon a negotiable instrument otherwise than as maker, drawer or acceptor is presumed to be an indorser unless he clearly indicates by appropriate words his intention to be bound in some other capacity.",
"name": "Stranger signing instrument presumed to be indorser",
"related_acts": "",
"section_id": 40
},
{
"act_id": 46,
"details": "30.(1) (a) The drawer of a bill of exchange by drawing it, engages that on due presentment it shall be accepted and paid according to its tenor, and that if it be dishonoured, he will compensate the holder or any indorser who is compelled to pay it; and (b) \tthe drawer of a cheque by drawing it, engages that in the case of dishonour by the drawee he will compensate the holder: Provided that due notice of dishonour of the bill or cheque has been given to or received by the drawer as hereinafter provided. (2) \tThe drawee of a bill of exchange is not liable thereon until acceptance in the manner provided by this Act.",
"name": "Liability of drawer",
"related_acts": "",
"section_id": 41
},
{
"act_id": 46,
"details": "31. The drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and, in default of such payment, must compensate the drawer for any loss or damage caused by such default.",
"name": "Liability of drawee of cheque",
"related_acts": "",
"section_id": 42
},
{
"act_id": 46,
"details": "32.(1) In the absence of a contract to the contrary, the maker of a promissory note, by making it, and the acceptor before maturity of a bill of exchange by accepting it, engages that he will pay it according to the tenor of the note or his acceptance respectively, and in default of such payment, such maker or acceptor is bound to compensate any party to the note or bill or any loss or damage sustained by him and caused by such default. (2) \tThe acceptor of a bill of exchange at or after maturity, by accepting it, engages to pay the amount thereof to the holder on demand.",
"name": "Liability of maker of note and acceptor of bill",
"related_acts": "",
"section_id": 43
},
{
"act_id": 46,
"details": "33. No person except the drawee of a bill of exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an acceptance.",
"name": "Only drawee can be acceptor except in need or for honour",
"related_acts": "",
"section_id": 44
},
{
"act_id": 46,
"details": "34. Where there are several drawees of a bill of exchange who are not partners, each of them can accept it for himself, but none of them can accept it for another without his authority.",
"name": "Acceptance by several drawees not partners",
"related_acts": "",
"section_id": 45
},
{
"act_id": 46,
"details": "35. In the absence of a contact to the contrary, the indorser of a negotiable instrument, by indorsing it, engages that on due presentment it shall be accepted and paid according to its tenor and that if it be dishonoured he will compensate the holder or subsequent indorser who is compelled to pay it for any loss or damage caused to him by such dishonour. Every indorser after dishonour is liable as upon an instrument payable on demand.",
"name": "Liability of indorser",
"related_acts": "",
"section_id": 46
},
{
"act_id": 46,
"details": "36. Every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied.",
"name": "Liability of prior parties to holder in due course",
"related_acts": "",
"section_id": 47
},
{
"act_id": 46,
"details": "37. The maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary, respectively liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer or acceptor, as the case may be.",
"name": "Maker, drawer and accept or principals",
"related_acts": "",
"section_id": 48
},
{
"act_id": 46,
"details": "38. As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party. Illustration A draws a bill payable to his own order on B who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor and C and D are his sureties. As between E and C, C is the principal debtor and D is his surety.",
"name": "Prior party a principal in respect of each subsequent party",
"related_acts": "",
"section_id": 49
},
{
"act_id": 46,
"details": "738A.(1) An accommodation party is liable on a negotiable instrument to a holder in due course, notwithstanding that when such holder took the instrument he knew such party to be an accommodation party. (2) \tAn accommodation party to a negotiable instrument, if he has paid the amount thereof, is entitled to recover such amount from the party accommodated.",
"name": "Liability of accommodation party and position of accommodation party",
"related_acts": "",
"section_id": 50
},
{
"act_id": 46,
"details": "39. When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Contract Act, 1872, would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.",
"name": "Suretyship",
"related_acts": "26",
"section_id": 51
},
{
"act_id": 46,
"details": "40. When the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank:- First indorsement, “B”. Second indorsement, “Peter Williams.” Third indorsement, “Wright & Co.” Fourth indorsement, “John Rozario.” This bill A puts in suit against John Rozario and strike out, without John Rozario's consent, the indorsements by Peter Williams, and Wright & Co. A is not entitled to recover anything from John Rozario.",
"name": "Discharge of indorser’s liability",
"related_acts": "",
"section_id": 52
},
{
"act_id": 46,
"details": "41. An acceptor of a bill of exchange already indorsed is not relieved from liability by reason that such indorsement is forged, if he knew or had reason to believe the indorsement to be forged when he accepted the bill.",
"name": "Acceptor bound although indorsement forged",
"related_acts": "",
"section_id": 53
},
{
"act_id": 46,
"details": "42. An acceptor of a bill of exchange drawn in a fictitious name and payable to the drawer's order is not, by reason that such name is fictitious, relieved from liability to any holder in due course claiming under an indorsement by the same hand as the drawer's signature, and purporting to be made by the drawer.",
"name": "Acceptance of bill drawn in fictitious name",
"related_acts": "",
"section_id": 54
},
{
"act_id": 46,
"details": "43. A negotiable instrument made, drawn, accepted, indorsed or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. But if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto. Exception I - No party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation. Exception II - No party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover thereon an amount exceeding the value of the consideration (if any) which he has actually paid or performed.",
"name": "Negotiable instrument made, etc., without consideration",
"related_acts": "",
"section_id": 55
},
{
"act_id": 46,
"details": "44. When the consideration for which a person signed a promissory note, bill of exchange or cheque consisted of money, and was originally absent in part or has subsequently failed in part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced. Explanation - The drawer of a bill of exchange stands in immediate relation with the acceptor. The maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the indorser with his indorsee. Other signers may by agreement stand in immediate relation with a holder. Illustration A draws a bill on B for Taka 500 payable to the order of A. B accepts the Bill, but subsequently dishonours it by non-payment. A sues B on the bill. B proves that it was accepted for value as to Taka 400, and as an accommodation to the plaintiff as to the residue. A can only recover Taka 400.",
"name": "Partial absence or failure of money-consideration",
"related_acts": "",
"section_id": 56
},
{
"act_id": 46,
"details": "45. Where a part of the consideration for which a person signed a promissory note, bill of exchange or cheque, though not consisting of money, is ascertainable in money without collateral inquiry, and there has been a failure of that part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.",
"name": "Partial failure of consideration not consisting of money",
"related_acts": "",
"section_id": 57
},
{
"act_id": 46,
"details": "845A. Where a bill of exchange has been lost before it is overdue, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again. If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.",
"name": "Holder’s right to duplicate of lost bill",
"related_acts": "",
"section_id": 58
},
{
"act_id": 46,
"details": "46. The making, acceptance or indorsement of a promissory note, bill of exchange or cheque is completed by delivery, actual or constructive. As between parties standing in immediate relation, delivery to be effectual must be made by the party making, accepting or indorsing the instrument or by a person authorised by him in that behalf. As between such parties and any holder of the instrument other than a holder in due course, it may be shown that the instrument was delivered conditionally or for a special purpose only, and not for the purpose of transferring absolutely the property therein. A promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery thereof. A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by indorsement and delivery thereof.",
"name": "Delivery",
"related_acts": "",
"section_id": 59
},
{
"act_id": 46,
"details": "47. Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to bearer is negotiable by delivery thereof. Exception - A promissory note, bill of exchange or cheque delivered on condition that it is not to take effect except in a certain event is not negotiable (except in the hands of a holder for value without notice of the condition) unless such event happens. Illustrations (a) \tA, the holder of a negotiable instrument payable to bearer, delivers it to B's agent to keep for B. The instrument has been negotiated. (b) \tA, the holder of a negotiable instrument payable to bearer, which is in the hands of A's banker, who is at the time the banker of B, directs the banker to transfer the instrument to B's credit in the banker's account with B. The banker does so, and accordingly now possesses the instrument as B's agent. The instrument has been negotiated, and B has become the holder of it.",
"name": "Negotiation by delivery",
"related_acts": "",
"section_id": 60
},
{
"act_id": 46,
"details": "48. Subject to the provisions of section 58, a promissory note, bill if exchange or cheque payable to order is negotiable by the holder by indorsement and delivery thereof.",
"name": "Negotiation by indorsement",
"related_acts": "",
"section_id": 61
},
{
"act_id": 46,
"details": "49. When a negotiable instrument has been indorsed in blank, any holder may, without signing his own name, convert the blank indorsement into an indorsement in full by writing above the indorser's signature a direction to pay the amount to or to the order of himself or some other person; and the holder does not thereby incur the responsibility of an indorser.",
"name": "Conversion of indorsement in blank into indorsement in full",
"related_acts": "",
"section_id": 62
},
{
"act_id": 46,
"details": "50.(1) Subject to the provisions of this Act relating to restrictive, conditional and qualified indorsement, the indorsement of a negotiable instrument followed by delivery transfers to the indorsee the property therein with the right of further negotiation. (2) \tAn indorsement is restrictive which either- (a)\trestricts or excludes the right to further negotiate the instrument; or (b)\tconstitutes the indorsee an agent of the indorser to indorse the instrument or to receive its contents for the indorser or for some other specified person: Provided that the mere absence of words implying right to negotiate does not make the indorsement restrictive. Illustrations B signs the following indorsements on different negotiable instruments payable to bearer:- (a) \t\"Pay the contents to C only.\" (b) \t\"Pay C for my use.\" (c) \t“Pay C or order for the account of B.” (d) \t“The within must be credited to C.” These indorsements exclude the right of further negotiation by C. (e) \t“Pay C.” (f) \t“Pay C value in account with the Oriental Bank.” (g) \t“Pay the contents to C, being part of the consideration in a certain deed of assignment executed by C to the indorser and others.” These indorsements do not exclude the right of further negotiation by C.",
"name": "Effect of indorsement",
"related_acts": "",
"section_id": 63
},
{
"act_id": 46,
"details": "51. Every sole maker, drawer, payee or indorsee, or all of several joint makers, drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such instrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the same. Explanation - Nothing in this section enables a maker or drawer to indorse or negotiate an instrument, unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to indorse or negotiate an instrument, unless he is holder thereof. Illustration A bill is drawn payable to A or order. A indorses it to B, the indorsement not containing the words “or order” or any equivalent words. B may negotiate the instrument.",
"name": "Who may negotiate",
"related_acts": "",
"section_id": 64
},
{
"act_id": 46,
"details": "52. The indorser of a negotiable instrument may, by express words in the indorsement, exclude his own liability thereon, or make such liability or the right of the indorsee to receive the amount due thereon depend upon the happening of a specified event, although such event may never happen. Where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all intermediate indorsers are liable to him.\tWhere the right of an indorsee to receive the amount due on the negotiable instrument is made dependent in the aforesaid manner the condition is valid only as between the indorser and the indorsee. Where the indorsement of a negotiable instrument purports to be conditional, the payer may disregard the condition, and payment to the indorsee is valid whether the condition has been fulfilled or not. Illustrations (a) \tThe indorser of a negotiable instrument signs his name adding the words-“Without recourse”. Upon this indorsement he incurs no liability. (b) \tA is the payee and holder of a negotiable instrument. Excluding personal liability by an indorsement “without recourse,” he transfers the instrument to B, and B indorses it to C, who indorses it to A. A is not only reinstated in his former rights, but has the rights of an indorsee against B and C.",
"name": "Indorser who excludes his own liability or makes it conditional",
"related_acts": "",
"section_id": 65
},
{
"act_id": 46,
"details": "953A. A holder in due course holds the negotiable instrument free from any defect of title of prior parties, and free from defences available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.",
"name": "Rights of holder in due course",
"related_acts": "",
"section_id": 66
},
{
"act_id": 46,
"details": "53. (1) A holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the negotiable instrument, has all the rights therein of that holder in due course as regards the acceptor and all parties to the instrument prior to that holder. (2) \tWhere the title of the holder is defective,- (a) \tif he negotiates the instrument to a holder in due course, that holder obtains a good and complete title to the instrument; and (b) \tif he obtains payment of the instrument, the person who pays him in due course gets a valid discharge for the instrument.",
"name": "Holder claiming through holder in due course",
"related_acts": "",
"section_id": 67
},
{
"act_id": 46,
"details": "54. Subject to the provisions hereinafter contained as to crossed cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even although originally payable to order.",
"name": "Instrument indorsed in blank",
"related_acts": "",
"section_id": 68
},
{
"act_id": 46,
"details": "55. If a negotiable instrument, after having been indorsed in blank, is indorsed in full, the amount of it cannot be claimed from the indorser in full, except by the person to whom it has been indorsed in full, or by one who derives title through such person.",
"name": "Conversion of indorsement in blank into indorsement in full",
"related_acts": "",
"section_id": 69
},
{
"act_id": 46,
"details": "56.(1) Negotiation by indorsement must be of the entire instrument. (2) \tAn indorsement which purports to transfer to the indorsee only a part of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, is not valid as a negotiation of the instrument; but where such amount has been paid in part, a note to that effect may be indorsed on the instrument, which may then be indorsed for the balance.",
"name": "Requisites of indorsement",
"related_acts": "",
"section_id": 70
},
{
"act_id": 46,
"details": "57. The legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of exchange or cheque payable to order and indorsed by the deceased but not delivered.",
"name": "Legal representative cannot by delivery only negotiate instrument indorsed by deceased",
"related_acts": "",
"section_id": 71
},
{
"act_id": 46,
"details": "1057A. Where a negotiable instrument is negotiated back before maturity to the maker or drawer or a prior indorser or to the acceptor, such party may, subject to the provisions of this Act, re-issue and further negotiate the instrument, but he is not entitled to enforce payment of the instrument against any intervening party to whom he was previously liable.",
"name": "Negotiation of instrument of party already liable thereon",
"related_acts": "",
"section_id": 72
},
{
"act_id": 46,
"details": "57B. \tA holder may receive payment in due course under a negotiable instrument and further negotiate it in the manner provided by this Act; he may also sue on such instrument in his own name.",
"name": "Rights of holder",
"related_acts": "",
"section_id": 73
},
{
"act_id": 46,
"details": "58. When a promissory note, bill of exchange or cheque has been lost or has been obtained from any maker, drawer, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, neither the person who finds or so obtains the instrument nor any possessor or indorsee who claims through such person is entitled to receive the amount due thereon from such maker, drawer, acceptor or holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course.",
"name": "Defective title",
"related_acts": "",
"section_id": 74
},
{
"act_id": 46,
"details": "59. The holder of a negotiable instrument, who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor and is subject to the equities to which the transferor was subject at the time of acquisition by such holder:",
"name": "Instrument acquired after dishonour or when overdue",
"related_acts": "",
"section_id": 75
},
{
"act_id": 46,
"details": "Provided that any person who, in good faith and for consideration, becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted without consideration, for the purpose of enabling some party thereto to raise money thereon, may recover the amount of the note or bill from any prior party. Illustration The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. A's title is subject to the same objection as the drawer's title.",
"name": "Accommodation note or bill",
"related_acts": "",
"section_id": 76
},
{
"act_id": 46,
"details": "60. A negotiable instrument may be negotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof by the maker, drawee or accept or at or after maturity, but not after such payment or satisfaction.",
"name": "Instrument negotiable till payment or satisfaction",
"related_acts": "",
"section_id": 77
},
{
"act_id": 46,
"details": "61. A bill of exchange payable after sight must, if no time or place is specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable search, be found, by a person entitled to demand acceptance, within a reasonable time after it is drawn, and in business hours on a business day. In default of such presentment, no party thereto is liable thereon to the person making such default. If the drawee cannot, after reasonable search, be found, the bill is dishonoured. If the bill is directed to the drawee at a particular place, it must be presented at that place; and if at the due date for presentment he cannot, after reasonable search, be found there, the bill is dishonoured. Where authorised by agreement or usage, a presentment through the post office by means of a registered letter is sufficient.",
"name": "Presentment for acceptance",
"related_acts": "",
"section_id": 78
},
{
"act_id": 46,
"details": "62. A promissory note, payable at a certain period after sight, must be presented to the maker thereof for sight (if he can, after reasonable search, be found) by a person entitled to demand payment, within a reasonable time after it is made and in business hours on a business day. In default of such presentment, no party thereto is liable thereon to the person making such default.",
"name": "Presentment of promissory note for sight",
"related_acts": "",
"section_id": 79
},
{
"act_id": 46,
"details": "63. The holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee forty-eight hours (exclusive of public holidays) to consider whether he will accept it.",
"name": "Drawee’s time for deliberation",
"related_acts": "",
"section_id": 80
},
{
"act_id": 46,
"details": "64. Subject to the provisions of section 76, promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. In default of such presentment, the other parties thereto are not liable thereon to such holder. Exception - Where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof nor is presentment necessary to charge the acceptor of a bill of exchange. The provisions of this section are without prejudice to the provisions relating to presentment or acceptance in the case of a bill of exchange. Explanation - Where there are several persons, not being partners liable on the negotiable instrument, as makers, acceptors or drawees, as the case may be, and no place of payment is specified, presentment must be made to them all.",
"name": "Presentment for payment",
"related_acts": "",
"section_id": 81
},
{
"act_id": 46,
"details": "65. Presentment for payment must be made during the usual hours of business, and, if at a banker's within banking hours.",
"name": "Hours for presentment",
"related_acts": "",
"section_id": 82
},
{
"act_id": 46,
"details": "66. A promissory note or bill of exchange, made payable at a specified period after date or sight thereof, must be presented for payment at maturity.",
"name": "Presentment for payment of instrument payable after date or sight",
"related_acts": "",
"section_id": 83
},
{
"act_id": 46,
"details": "67. A Promissory note payable by instalments must be presented for payment on the third day after the date fixed for payment of each instalment; and non-payment on such presentment has the same effect as non-payment of a note at maturity.",
"name": "Presentment for payment of promissory note payable by instalments",
"related_acts": "",
"section_id": 84
},
{
"act_id": 46,
"details": "68. A promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not elsewhere must, in order to charge any party thereto, be presented for payment at that place.",
"name": "Presentment for payment of instrument payable at specified place and not elsewhere",
"related_acts": "",
"section_id": 85
},
{
"act_id": 46,
"details": "69. A promissory note or bill of exchange made, drawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for payment at that place.",
"name": "Instrument payable at specified place",
"related_acts": "",
"section_id": 86
},
{
"act_id": 46,
"details": "70. A promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the address of the maker, acceptor or drawee given in the instrument, and if no such address is given at the place of business if known, or at the ordinary residence (if known), of the maker, drawee or acceptor thereof, as the case may be.",
"name": "Presentment where no exclusive place specified",
"related_acts": "",
"section_id": 87
},
{
"act_id": 46,
"details": "71. If the maker, drawee or acceptor of a negotiable instrument has no known place of business or residence, and no place is specified in the instrument for presentment for acceptance or payment, such presentment may be made to him in person wherever he can be found. Explanation - In this section and sections 68 and 69, “specified place” means a place sufficiently described so as to enable the person presenting the instrument to locate it.",
"name": "Presentment when maker, etc., has no known place of business or residence",
"related_acts": "",
"section_id": 88
},
{
"act_id": 46,
"details": "1171A.(1) To constitute a valid presentment it shall be sufficient if instead of the original negotiable instrument a copy thereof certified to be true by the holder is delivered to the person liable thereon, either personally or by registered post or by other effective means. (2) \tIf, after such delivery, the person liable to pay so demands, the holder shall allow him to inspect the original negotiable instrument during the hours of business of the holder, and if the holder fails to do so within a reasonable time, the presentment shall be deemed to be invalid.",
"name": "What constitutes valid presentment and mode of presentment",
"related_acts": "",
"section_id": 89
},
{
"act_id": 46,
"details": "72. Subject to the provisions of section 84, a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer.",
"name": "Presentment of cheque to charge drawer",
"related_acts": "",
"section_id": 90
},
{
"act_id": 46,
"details": "73. A cheque must, in order to charge any person except the drawer, be presented within a reasonable time after delivery thereof by such person.",
"name": "Presentment of cheque to charge any other person",
"related_acts": "",
"section_id": 91
},
{
"act_id": 46,
"details": "74. Subject to the provisions of section 31, a negotiable instrument payable on demand must be presented for payment within a reasonable time after it is received by the holder.",
"name": "Presentment of instrument payable on demand",
"related_acts": "",
"section_id": 92
},
{
"act_id": 46,
"details": "75. Presentment for acceptance or payment may be made to the duly authorised agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.",
"name": "Presentment by or to agent, representative of deceased, or assignee of insolvent",
"related_acts": "",
"section_id": 93
},
{
"act_id": 46,
"details": "1275A. Delay in presentment for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made within a reasonable time.",
"name": "Excuse for delay in presentment for acceptance or payment",
"related_acts": "",
"section_id": 94
},
{
"act_id": 46,
"details": "76. No presentment for payment is necessary, and the instrument shall be deemed to be dishonoured at the due date for presentment, in any of the following cases:- (a) \tif the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or, if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or, if the instrument being payable at some other specified place, neither he nor any person authorised to pay it attends at such place during the usual business hours, or if the instrument not being payable at any specified place, he cannot after due search be found; (b) \tas against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment; (c) \tas against any party if, after maturity, with knowledge that the instrument has not been presented- he makes a part payment on account of the amount due on the instrument, or promises to pay the amount due thereon in whole or in part, or otherwise waives his right to take advantage of any default in presentment for payment; (d) \tas against the drawer, if the drawer could not suffer damage from the want of such presentment; (e) \twhere the drawee is a fictitious person; (f) \tas regards an indorser, where the negotiable instrument was made, drawn or accepted for the accommodation of that indorser and he had reason to expect that the instrument would not be paid if presented; and (g) \twhere, after the exercise of reasonable diligence, presentment as required by this Act cannot be effected. Explanation - The fact that holder has reason to believe that the negotiable instrument will, on presentment, be dishonoured does not dispense with the necessity for presentment.",
"name": "When presentment unnecessary",
"related_acts": "",
"section_id": 95
},
{
"act_id": 46,
"details": "77. When a bill of exchange accepted payable at a specified bank has been duly presented there for payment and dishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill as to cause loss to the holder, he must compensate the holder for such loss.",
"name": "Liability of banker for negligently dealing with bill presented for payment",
"related_acts": "",
"section_id": 96
},
{
"act_id": 46,
"details": "78. Subject to the provisions of section 82, clause (c), payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument.",
"name": "To whom payment should be made",
"related_acts": "",
"section_id": 97
},
{
"act_id": 46,
"details": "79. Subject to the provisions of any law for the time being in force relating to the relief of debtors, and without prejudice to the provisions of section 34 of the Code of Civil Procedure, 1908, (a)\twhen interest at a specified rate is expressly made payable on a promissory note or bill of exchange and no date is fixed from which interest is to be paid, interest shall be calculated at the rate specified, on the amount of the principal money due thereon, from the date of the note, or, in the case of a bill, from the date on which the amount becomes payable, until tender or realisation of such amount, or until the date of the institution of a suit to recover such amount; (b)\twhen a promissory note or bill of exchange is silent as regards interest or does not specify the rate of interest, interest on the amount of the principal money due thereon shall, notwithstanding any collateral agreement relating to interest between any parties to the instrument, be allowed and calculated at the rate of six per centum per annum from the date of the note, or, in the case of a bill, from the date on which the amount becomes payable, until tender or realisation of the amount due thereon, or until the date of the institution of a suit to recover such amount.",
"name": "Interest when rate specified or not specified",
"related_acts": "86",
"section_id": 98
},
{
"act_id": 46,
"details": "80. When no rate of interest is specified in the instrument, interest on the amount due thereon shall, not-withstanding any agreement relating to interest between any parties to the instrument, be calculated at the rate of six per centum per annum from the date at which the same ought to have been paid by the party charged until tender or realisation of the amount due thereon, or until such date after the institution of a suit to recover such amount as the Court directs. Explanation - When the party charged is the indorser of an instrument dishonoured by non-payment, he is liable to pay interest only from the time that he receives notice of the dishonour.",
"name": "Interest when no rate specified",
"related_acts": "",
"section_id": 99
},
{
"act_id": 46,
"details": "81. Any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or, if the instrument is lost or cannot be produced, to be indemnified against any further claim thereon against him.",
"name": "Delivery of instrument on payment, or indemnity in case of loss",
"related_acts": "",
"section_id": 100
},
{
"act_id": 46,
"details": "82. The maker, acceptor or indorser respectively of a negotiable instrument is discharged from liability thereon-",
"name": "Discharge from liability-",
"related_acts": "",
"section_id": 101
},
{
"act_id": 46,
"details": "(a) \tto a holder thereof who cancels such acceptor's or indorser's name with intent to discharge him, and to all parties claiming under such holder;",
"name": "(a) \tby cancellation",
"related_acts": "",
"section_id": 102
},
{
"act_id": 46,
"details": "(b)\tto a holder thereof who otherwise discharges such maker, acceptor or indorser, and to all parties deriving title under such holder after notice of such discharge;",
"name": "(b) \tby release",
"related_acts": "",
"section_id": 103
},
{
"act_id": 46,
"details": "(c)\tto all parties thereto, if the instrument is payable to bearer, or has been indorsed in blank, and such maker, acceptor or indorser makes payment in due course of the amount due thereon.",
"name": "(c) \tby payment",
"related_acts": "",
"section_id": 104
},
{
"act_id": 46,
"details": "83. If the holder of a bill of exchange allows the drawee more than forty-eight hours, exclusive of public holidays, to consider whether he will accept the same, all previous parties not consenting to such allowance are thereby discharged from liability to such holder.",
"name": "Discharge by allowing drawee more than forty-eight hours to accept",
"related_acts": "",
"section_id": 105
},
{
"act_id": 46,
"details": "84.(1) Where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or person on whose account it is drawn had the right, at the time when presentment ought to have been made, as between himself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a larger amount than he would have been if such cheque had been paid. (2) \tIn determining what is a reasonable time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. (3) \tThe holder of the cheque as to which such drawer or person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him. Illustrations (a) \tA draws a cheque for Taka 1,000, and when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque. (b) \tA draws a cheque at 13Dinajpur on a bank in Chittagong. The bank fails before the cheque could be presented in ordinary course. A is on discharged, for he has not suffered actual damage through any delay in presenting the cheque.",
"name": "When cheque not duly presented and drawer damaged thereby",
"related_acts": "",
"section_id": 106
},
{
"act_id": 46,
"details": "85.(1) Where a cheque payable to order purports to be indorsed by or on behalf of the payee, the drawee is discharged by payment in due course. (2) \tWhere a cheque is originally expressed to be payable to bearer, the drawee is discharged by payment in due course to the bearer thereof, notwithstanding any indorsement whether in full or in blank appearing thereon, and notwithstanding that any such indorsement purports to restrict or exclude further negotiation.",
"name": "Cheque payable to order",
"related_acts": "",
"section_id": 107
},
{
"act_id": 46,
"details": "1485A. Where any draft, that is, an order to pay money, drawn by one office of a bank upon another office of the same bank for a sum of money payable to order on demand, purports to be indorsed by or on behalf of the payee, the bank is discharged by payment in due course.",
"name": "Drafts drawn by one branch of a bank on another payable to order",
"related_acts": "",
"section_id": 108
},
{
"act_id": 46,
"details": "86. If the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill, or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance. Explanation -An acceptance is qualified - (a) \twhere it is conditional, declaring the payment to be dependent on the happening of an event therein stated; (b) \twhere it undertakes the payment of part only of the sum ordered to be paid; (c) \twhere, no place of payment being specified on the order it undertakes the payment at a specified place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere; (d) \twhere it undertakes the payment at a time other than that at which under the order it would be legally due.",
"name": "Parties not consenting discharged by qualified or limited acceptance",
"related_acts": "",
"section_id": 109
},
{
"act_id": 46,
"details": "87. Any material alteration of a negotiable instrument renders the same void as against any one who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;",
"name": "Effect of material alteration",
"related_acts": "",
"section_id": 110
},
{
"act_id": 46,
"details": "and any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof. The provisions of this section are subject to those of sections 20, 49, 86 and 125.",
"name": "Alteration by indorsee",
"related_acts": "",
"section_id": 111
},
{
"act_id": 46,
"details": "88. An acceptor or indorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of the instrument.",
"name": "Acceptor or indorser bound notwithstanding previous alteration",
"related_acts": "",
"section_id": 112
},
{
"act_id": 46,
"details": "89. Where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered, or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay, and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all liability thereon; and such payment shall not be questioned by reasoned of the instrument having been altered or the cheque crossed.",
"name": "Payment of instrument on which alteration is not apparent",
"related_acts": "",
"section_id": 113
},
{
"act_id": 46,
"details": "90.(1) The maker, drawer, acceptor or indorser of a negotiable instrument is discharged from liability thereon when the person liable thereon as principal debtor becomes the holder thereof at or after its maturity. (2) \tWhen the holder of an accepted bill of exchange enters into any contract with the acceptor of the nature referred to in section 39, the other parties are discharged, unless the holder has expressly reserved his right to charge them.",
"name": "Extinguishment of rights of action on bill in acceptor’s hands",
"related_acts": "",
"section_id": 114
},
{
"act_id": 46,
"details": "91. A bill of exchange is said to be dishonoured by non-acceptance when the drawee, or one of several drawees not being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted. Where the drawee is incompetent to contract, or the acceptance is qualified, the bill may be treated as dishonoured.",
"name": "Dishonour by non-acceptance",
"related_acts": "",
"section_id": 115
},
{
"act_id": 46,
"details": "92. A promissory note, bill of exchange or cheque is said to be dishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the cheque makes default in payment upon being duly required to pay the same.",
"name": "Dishonour by non-payment",
"related_acts": "",
"section_id": 116
},
{
"act_id": 46,
"details": "93. When a promissory note, bill of exchange or cheque is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon. When a bill of exchange is dishonoured by non-acceptance the drawer or any indorser to whom such notice is not given is discharged; but the rights of a holder in due course subsequent to the omission to give notice shall not be prejudiced by that omission. When a bill of exchange is dishonoured by non-acceptance and due notice of dishonour is given, it shall not be necessary to give notice of a subsequent dishonour by non-payment, unless the bill shall, in the meantime, have been accepted. Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque.",
"name": "By and to whom notice should be given",
"related_acts": "",
"section_id": 117
},
{
"act_id": 46,
"details": "94. Notice of dishonour may be given to a duly authorised agent of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may be in any form; but it must inform the party to whom it is given, either in express terms or by reasonable intendment, that the instrument has been dishonoured, and in what way, and that he will be held liable thereon; and it must be given within a reasonable time after dishonour, at the place of business or (in case such party has no place of business) at the residence of the party for whom it is intended. If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.",
"name": "Mode in which notice may be given",
"related_acts": "",
"section_id": 118
},
{
"act_id": 46,
"details": "95. Any party receiving notice of dishonour must, in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable time, unless such party otherwise receives due notice as provided by section 93.",
"name": "Party receiving must transmit notice of dishonour",
"related_acts": "",
"section_id": 119
},
{
"act_id": 46,
"details": "96. When the instrument is deposited with an agent for presentment, the agent entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.",
"name": "Agent for presentment",
"related_acts": "",
"section_id": 120
},
{
"act_id": 46,
"details": "97. When the party to whom notice of dishonour is despatched is dead, but the party despatching the notice is ignorant of his death, the notice is sufficient.",
"name": "When party to whom notice given is dead",
"related_acts": "",
"section_id": 121
},
{
"act_id": 46,
"details": "98. No notice of dishonour is necessary- (a)\twhen it is dispensed with by the party entitled thereto; (b)\tin order to charge the drawer when he has countermanded payment; (c)\twhen the party charged could not suffer damage for want of notice; (d)\twhen the party entitled to notice cannot after due search be found; or the party bound to give notice is, for any other reason, unable without any fault of his own to give it; (e)\tto charge the drawers when the acceptor is also a drawer; (f)\tin the case of a promissory note which is not negotiable; (g)\twhen the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.",
"name": "When notice of dishonour is unnecessary",
"related_acts": "",
"section_id": 122
},
{
"act_id": 46,
"details": "99. When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each. Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges.",
"name": "Noting",
"related_acts": "",
"section_id": 123
},
{
"act_id": 46,
"details": "100. \tWhen a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. Such certificate is called a protest.",
"name": "Protest",
"related_acts": "",
"section_id": 124
},
{
"act_id": 46,
"details": "When the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a protest for better security.",
"name": "Protest for better security",
"related_acts": "",
"section_id": 125
},
{
"act_id": 46,
"details": "101. \tA protest under section 100 must contain- (a)\teither the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon; (b)\tthe name of the person for whom and against whom the instrument has been protested; (c)\ta statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of his answer, if any, or a statement that he gave no answer or that he could not be found; (d)\twhen the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal; (e)\tthe subscription of the notary public making the protest; (f)\tin the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected. A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, where authorised by agreement or usage, by registered letter.",
"name": "Contents of protest",
"related_acts": "",
"section_id": 126
},
{
"act_id": 46,
"details": "102. \tWhen a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions; but the notice may be given by the notary public who makes the protest.",
"name": "Notice of protest",
"related_acts": "",
"section_id": 127
},
{
"act_id": 46,
"details": "103. \tAll bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawee, and which are dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for non-payment in the place specified for payment, unless paid before or at maturity.",
"name": "Protest for non-payment after dishonour by non-acceptance",
"related_acts": "",
"section_id": 128
},
{
"act_id": 46,
"details": "104. \tForeign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.",
"name": "Protest of foreign bills",
"related_acts": "",
"section_id": 129
},
{
"act_id": 46,
"details": "15104A. For the purposes of this Act, where a bill or note is required to be protested within a specified time or before some further proceeding is taken, it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding; and the formal protest may be extended at any time thereafter as of the date of the noting.",
"name": "When noting equivalent to protest",
"related_acts": "",
"section_id": 130
},
{
"act_id": 46,
"details": "105. In determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments, and, in calculating such time, public holidays shall be excluded.",
"name": "Reasonable time",
"related_acts": "",
"section_id": 131
},
{
"act_id": 46,
"details": "106. If the holder and the party to whom notice of dishonour is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is despatched by the next post or on the day next after the day of dishonour. If the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is despatched in time to reach its destination on the day next after the day of dishonour.",
"name": "Reasonable time of giving notice of dishonour",
"related_acts": "",
"section_id": 132
},
{
"act_id": 46,
"details": "107. \tA party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within the same time after its receipt as he would have had to give notice if he had been the holder.",
"name": "Reasonable time for transmitting such notice",
"related_acts": "",
"section_id": 133
},
{
"act_id": 46,
"details": "108. When a bill of exchange has been noted or protested for non-acceptance or for better security, any person not being a party already liable thereon may, with the consent of the holder, by writing on the bill, accept the same for the honour of any party thereto.",
"name": "Acceptance for honour",
"related_acts": "",
"section_id": 134
},
{
"act_id": 46,
"details": "109. A person desiring to accept for honour must, by writing on the bill under his hand, declare that he accepts under protest the protested bill for the honour of the drawer or of a particular indorser whom he names, or generally for honour.",
"name": "How acceptance for honour must be made",
"related_acts": "",
"section_id": 135
},
{
"act_id": 46,
"details": "110. Where the acceptance does not express for whose honour it is made, it shall be deemed to be made for the honour of the drawer.",
"name": "Acceptance not specifying for whose honour it is made",
"related_acts": "",
"section_id": 136
},
{
"act_id": 46,
"details": "111. An acceptor for honour binds himself to all parties subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not: and such party and all prior parties are liable in their respective capacities to compensate the acceptor for honour for all loss or damage sustained by him in consequence of such acceptance. But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case the address given by such acceptor on the bill is a place other than the place where the bill is made payable) forwarded for presentment, not later than the day next after the day of its maturity.",
"name": "Liability of acceptor for honour",
"related_acts": "",
"section_id": 137
},
{
"act_id": 46,
"details": "112. An acceptor for honour cannot be charged unless the bill has at its maturity been presented to the drawee for payment, and has been dishonoured by him, and noted or protested for such dishonour.",
"name": "When acceptor for honour may be charged",
"related_acts": "",
"section_id": 138
},
{
"act_id": 46,
"details": "113. When a bill of exchange has been noted or protested for non-payment, any person may pay the same for the honour of any party liable to pay the same, provided that the person so paying or his agent in that behalf has previously declared before a notary public the party for whose honour he pays, and that such declaration has been recorded by such notary public.",
"name": "Payment for honour",
"related_acts": "",
"section_id": 139
},
{
"act_id": 46,
"details": "114. Any person so paying is entitled to all the rights, in respect of the bill, of the holder at the time of such payment, and may recover from the party for whose honour he pays all sums so paid, with interest thereon and with all expenses properly incurred in making such payment.",
"name": "Right of payer for honour",
"related_acts": "",
"section_id": 140
},
{
"act_id": 46,
"details": "115. Where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.",
"name": "Drawee in case of need",
"related_acts": "",
"section_id": 141
},
{
"act_id": 46,
"details": "116. A drawee in case of need may accept and pay the bill of exchange without previous protest.",
"name": "Acceptance and payment without protest",
"related_acts": "",
"section_id": 142
},
{
"act_id": 46,
"details": "117. The compensation payable in case of dishonour of a promissory note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall be determined by the following rules:- (a)\tthe holder is entitled to the amount due upon the instrument, together with the expenses properly incurred in presenting, noting and protesting it; (b)\twhen the person charged resides at a place different from that at which the instrument was payable, the holder is entitled to receive such sum at the current rate of exchange between the two places; (c)\tan indorser who, being liable, has paid the amount due on the same is entitled to the amount so paid with interest at six per centum per annum from the date of payment until tender or realisation thereof, together with all expenses caused by the dishonour and payment; (d)\twhen the person charged and such indorser reside at different places, the indorser is entitled to receive such sum at the current rate of exchange between the two places; (e)\tthe party entitled to compensation may draw a bill upon the party liable to compensate him, payable at sight or on demand, for the amount due to him, together with all expenses properly incurred by him. Such bill must be accompanied by the instrument dishonoured and the protest thereof (if any). If such bill is dishonoured, the party dishonouring the same is liable to make compensation thereof in the same manner as in the case of the original bill.",
"name": "Rules as to compensation",
"related_acts": "",
"section_id": 143
},
{
"act_id": 46,
"details": "118. Until the contrary is proved, the following presumptions shall be made: (a)\tthat every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration; (b)\tthat every negotiable instrument bearing a date was made or drawn on such date; (c)\tthat every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity; (d)\tthat every transfer of a negotiable instrument was made before its maturity; (e)\tthat the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon; (f)\t that a lost promissory note, bill of exchange or cheque was duly stamped; (g)\t that the holder of a negotiable instrument is a holder in due course: provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.",
"name": "Presumptions as to negotiable instruments-\t(a) \tof consideration;\t(b) \tas to date;\t(c) \tas to time of acceptance;\t(d) \tas to time of transfer;\t(e) \tas to order of indorsements; (f) \tas to stamp; (g) \tthat holder is a h",
"related_acts": "",
"section_id": 144
},
{
"act_id": 46,
"details": "119. In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.",
"name": "Presumption on proof of protest",
"related_acts": "",
"section_id": 145
},
{
"act_id": 46,
"details": "120. \tNo maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer, shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the instrument as originally made or drawn.",
"name": "Estoppel against denying original validity of instrument",
"related_acts": "",
"section_id": 146
},
{
"act_id": 46,
"details": "121. No maker of a promissory note and no acceptor of a bill of exchange payable to order shall, in a suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the date of the note or bill, to indorse the same.",
"name": "Estoppel against denying capacity of payee to indorse",
"related_acts": "",
"section_id": 147
},
{
"act_id": 46,
"details": "122. No indorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to contract of any prior party to the instrument.",
"name": "Estoppel against denying signature or capacity of prior party",
"related_acts": "",
"section_id": 148
},
{
"act_id": 46,
"details": "16122A. The duty and authority of a banker to pay a cheque drawn on him by his customer are determined by- (1) \tcountermand of payment; (2) \tnotice of the customer's death; (3) \tnotice of adjudication of the customer as an insolvent.",
"name": "Revocation of Banker’s authority",
"related_acts": "",
"section_id": 149
},
{
"act_id": 46,
"details": "123. Where a cheque bears across its face an addition of the words “and company” or any abbreviation thereof, between two parallel transverse lines, or of two paralled transverse lines simply, either with or without the words “not negotiable”, that addition shall be deemed a crossing and the cheque shall be deemed to be crossed generally.",
"name": "Cheque crossed generally",
"related_acts": "",
"section_id": 150
},
{
"act_id": 46,
"details": "17123A. (1) Where a cheque crossed generally bears across its face an addition of the words “account payee” between the two parallel transverse lines constituting the general crossing, the cheque, besides being crossed generally, is said to be crossed “account payee”.\tCheque crossed “account payee” (2) \tWhen a cheque is crossed “account payee”- (a) \tit shall cease to be negotiable; and (b) \tit shall be the duty of the banker collecting payment of the cheque to credit the proceeds thereof only to the account of the payee named in the cheque.",
"name": "Cheque crossed “account- payee”",
"related_acts": "",
"section_id": 151
},
{
"act_id": 46,
"details": "124. \tWhere a cheque bears across its face an addition of the name of a banker, either with or without the words “not negotiable”, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.",
"name": "Cheque crossed specially",
"related_acts": "",
"section_id": 152
},
{
"act_id": 46,
"details": "18125A. A crossing authorised by this Act is a material part of the cheque; it shall not be lawful for any person to obliterate, or, except as authorised by this Act, to add to or alter, the crossing.",
"name": "125A Crossing a material part of a cheque",
"related_acts": "",
"section_id": 153
},
{
"act_id": 46,
"details": "Cheque crossed specially 125. Where a cheque is uncrossed, the holder may cross it generally or specially.\tCrossing after issue Where a cheque is crossed generally, the holder may cross it specially. Where a cheque is crossed generally or specially, the holder may add the words \"not negotiable\". Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection. When an uncrossed cheque, or a cheque crossed generally, is sent to a banker for collection, he may cross it specially to himself.",
"name": "Crossing after issue",
"related_acts": "",
"section_id": 154
},
{
"act_id": 46,
"details": "126. Where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker.",
"name": "Payment of cheque crossed generally",
"related_acts": "",
"section_id": 155
},
{
"act_id": 46,
"details": "Where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection.",
"name": "Payment of cheque crossed specially",
"related_acts": "",
"section_id": 156
},
{
"act_id": 46,
"details": "127. Where a cheque is crossed specially to more than one banker, except when crossed to an agent for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof.",
"name": "Payment of cheque crossed specially more than once.",
"related_acts": "",
"section_id": 157
},
{
"act_id": 46,
"details": "128. Where the banker on whom a crossed cheque is drawn in good faith and without negligence pays it, if crossed generally, to a banker, and if crossed specially, to the banker to whom it is crossed or his agent for collection, being a banker, the banker paying the cheque, and (in case such cheque has come to the hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof.",
"name": "Payment in due course of crossed cheque",
"related_acts": "",
"section_id": 158
},
{
"act_id": 46,
"details": "129. Any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid: Provided that where a cheque is presented for payment which does not at the time of presentment appear to be crossed, or to have had a crossing which has been obliterated, added to or altered otherwise than as authorised by this Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability nor shall the payment be questioned, by reason of the cheque having been crossed, or of the crossing having been obliterated or having been added to or altered otherwise than as authorised by this Act, and of payment having been made otherwise than to a banker or to the banker to whom the cheque is or was crossed, or to his agent for collection, being a banker, as the case may be.",
"name": "Payment of crossed cheque out of due course",
"related_acts": "",
"section_id": 159
},
{
"act_id": 46,
"details": "130. A person taking a cheque crossed generally or specially, bearing in either case the words “not negotiable,” shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.",
"name": "Cheque bearing “not negotiable”",
"related_acts": "",
"section_id": 160
},
{
"act_id": 46,
"details": "Cheque bearing “not negotiable” 131. Subject to the provisions of this Act relating to cheques crossed “account payee”, where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title or a defective title thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.\tNon-liability of banker receiving payment of cheque Explanation - A banker receives payment of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customer's account with the amount of the cheque before receiving payment thereof.",
"name": "Non-liability of banker receiving payment of cheque",
"related_acts": "",
"section_id": 161
},
{
"act_id": 46,
"details": "19131A. The provisions of this Chapter shall apply to any draft, as defined in section 85A, as if the draft were a cheque.",
"name": "Application of Chapter to drafts",
"related_acts": "",
"section_id": 162
},
{
"act_id": 46,
"details": "20131B. Where a cheque is delivered for collection to a banker which does not at the time of such delivery appear to be crossed “account payee” or to have had a crossing “account payee” which has been obliterated or altered, the banker, in good faith and without negligence collecting payment of the cheque and crediting the proceeds thereof to a customer, shall not incur any liability by reason of the cheque having been crossed “account payee”, or of such crossing having been obliterated or altered, and of the proceeds of the cheque having been credited to a person who is not the payee thereof.",
"name": "Protection to banker crediting cheque crossed “account- payee”",
"related_acts": "",
"section_id": 163
},
{
"act_id": 46,
"details": "131C. A cheque, of itself, does not operate as an assignment of any part of the funds to the credit of the drawer with the banker.",
"name": "Cheque not operating as assignment of funds",
"related_acts": "",
"section_id": 164
},
{
"act_id": 46,
"details": "131D. A bill of exchange may be addressed to two or more drawees, whether they are partners or not; but an order addressed to two drawees in the alternative, or to two or more drawees in succession, is not a bill of exchange.",
"name": "Several drawees",
"related_acts": "",
"section_id": 165
},
{
"act_id": 46,
"details": "131E. A bill if exchange may be drawn payable to, or to the order of, the drawer; or it may be drawn payable to, or to the order of, the drawee.",
"name": "In whose favour a bill may be drawn",
"related_acts": "",
"section_id": 166
},
{
"act_id": 46,
"details": "131F. A bill of exchange, in order to fix the acceptor with liability, must be presented for acceptance before it is presented for payment.",
"name": "When presentment for acceptance is necessary",
"related_acts": "",
"section_id": 167
},
{
"act_id": 46,
"details": "131H. Subject to the provisions of this Act, when a bill of exchange is dishonoured by non-acceptance, an immediate right of recourse against the drawer and indorsers accrues, to the holder, and no presentment for payment is necessary.",
"name": "Holder’s right of recourse against drawn and indorsers",
"related_acts": "",
"section_id": 168
},
{
"act_id": 46,
"details": "131-I. The holder of a bill of exchange may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, may treat the bill as dishonoured by non-acceptance.",
"name": "Holder may refuse qualified acceptance",
"related_acts": "",
"section_id": 169
},
{
"act_id": 46,
"details": "131G. Presentment for acceptance is excused, and a bill of exchange may be treated as dishonoured by non-acceptance- (a)\twhere the drawee is dead or is insolvent or is a fictitious person or a person not having capacity to contract by bill of exchange; (b)\twhere, at the due date for presentment, the drawee cannot, after reasonable search, be found at the place at which the bill is to be presented; (c)\twhere, after the exercise of reasonable diligence such, presentment cannot be effected; (d)\twhere, although the presentment has been irregular, acceptance has been refused on some other ground.",
"name": "When presentment excused",
"related_acts": "",
"section_id": 170
},
{
"act_id": 46,
"details": "132. Bills of exchange may be drawn in parts, each part being numbered and containing a provision that it shall continue payable only so long as the others remain unpaid. All the parts together make a set; but the whole set constitutes only one bill, and is extinguished when one of the parts, if a separate bill, would be extinguished. Exception.-When a person accepts or indorses different parts of the bill in favour of different persons, he and the subsequent indorsers of each part are liable on such part as if it were a separate bill.",
"name": "Set of bills",
"related_acts": "",
"section_id": 171
},
{
"act_id": 46,
"details": "133. As between holders in due course of different parts of the same set he who first acquired title to his part is entitled to the other parts and the money represented by the bill.",
"name": "Holder of first acquired part entitled to all",
"related_acts": "",
"section_id": 172
},
{
"act_id": 46,
"details": "134. \tIn the absence of a contract to the contrary and subject to the provisions of section 136, in the case of a foreign promissory note, bill of exchange or cheque,- (a) \tthe law of the place where the instrument was made or drawn, or accepted or negotiated shall determine- (i) \tthe capacity of the parties; and (ii) \tthe validity of the instrument or, as the case may be, of its acceptance or negotiation: Provided that such instrument shall not be invalid or inadmissible in evidence by reason only that it was not stamped or not sufficiently stamped according to the law of the place where it was made or drawn; (b)\tthe law of the place where such instrument is payable shall determine,- (i)\tthe liability of all parties thereto; (ii)\tthe duties of the holder with respect to presentment for acceptance or payment; (iii)\tthe date of maturity of the instrument; (iv)\twhat constitutes dishonour; (v)\tthe necessity for and sufficiency of a protest or notice of dishonour; (vi)\tall questions relating to payment and satisfaction including the currency in which and the rate of exchange at which the instrument is to be paid. Illustration A bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., and accepted by B, payable in Washington, where the rate of interest is 6 per cent. The bill is indorsed in Bangladesh, and is dishonoured. An action on the bill is brought against B in Bangladesh. He is liable to pay Interest at the rate of 6 per cent. only; but, if A is charged as drawer, A is liable to pay interest at the rate of 25 per cent.",
"name": "Law governing liability of parties to a foreign instrument",
"related_acts": "",
"section_id": 173
},
{
"act_id": 46,
"details": "135. Omitted by section 53 of the Negotiable Instruments (Amendment) Ordinance, 1962 (Ordinance No. XLIX of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 174
},
{
"act_id": 46,
"details": "136. If a negotiable instrument is made, drawn, accepted or indorsed outside Bangladesh, but in accordance with the law of Bangladesh, the circumstance that any agreement evidenced by such instrument is invalid according to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or indorsement made thereon within Bangladesh.",
"name": "Instrument made, etc., outside Bangladesh, but in accordance with their law",
"related_acts": "",
"section_id": 175
},
{
"act_id": 46,
"details": "137. \tThe law of any foreign country regarding promissory notes, bills of exchange and cheques shall be presumed to be the same as that of Bangladesh, unless and until the contrary is proved.",
"name": "Presumption as to foreign law",
"related_acts": "",
"section_id": 176
},
{
"act_id": 46,
"details": "22138A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence under sub-section (1) of section 138 shall lie, unless an amount of not less than fifty per cent of the amount of the dishonoured cheque is deposited before filing the appeal in the court which awarded the sentence.",
"name": "Restriction in respect of appeal",
"related_acts": "75",
"section_id": 177
},
{
"act_id": 46,
"details": "138. 23(1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account 24* * * is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 25thrice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within 26thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid, and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within 27thirty days of the receipt of the said notice. 28* * * 29(1A) The notice required to be served under clasue (b) of sub-section (1) shall be served in the following manner- (a) by delivering it to the person on whom it is to be served; or (b) by sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) by publication in a daily Bangla national newspaper having wide circulation. 30(2) Where any fine is realized under sub-section (1), any amount up to the face value of the cheque as far as is covered by the fine realized shall be paid to the holder. (3) Notwithstanding anything contained in sub- section (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil court if whole or any part of the value of the cheque remains unrealized.",
"name": "Dishonour of cheque for insufficiency, etc. of funds in the account",
"related_acts": "",
"section_id": 178
},
{
"act_id": 46,
"details": "139. Omitted by section 3 of the Negotiable Instruments (Amendment) Act, 2000 (Act No. XVII of 2000).",
"name": "Omitted",
"related_acts": "",
"section_id": 179
},
{
"act_id": 46,
"details": "140. (1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm.",
"name": "Offences of Companies",
"related_acts": "",
"section_id": 180
},
{
"act_id": 46,
"details": "141. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),- (a) \tno court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) \tsuch complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138; 31(c) \tno court inferior to that of a Court of Sessions shall try any offence punishable under section 138.",
"name": "Cognizance of offences",
"related_acts": "75",
"section_id": 181
}
],
"text": "1♣An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. Preamble WHEREAS it is expedient to define and amend the law relating to promissory notes, bills of exchange and cheques; It is hereby enacted as follows:-"
} |
{
"id": 47,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” or “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure “Registration Act, 1908” were substituted, for the words, comma and figure “Indian Registration Act, 1877” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Dhaka” was substituted, for the word “Karachi” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Dhaka” was substituted, for the word “Karachi” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words “of the Government” were substituted, for the words and comma “of any Provincial Government or of the Central Government, or of the United Kingdom of Great Britain and Ireland” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word “the” was substituted, for the words “any such” and \"such\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word “the” was substituted, for the words “any such” and \"such\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Clauses (b) and (bb) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Clauses (c) and (d) were substituted, for clauses (c) and (d) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"Bangladesh\" was substituted, for the word \"a Province\" by section 3 and 2nd Schedule the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Section 20A was inserted by section 3 of the Indian Trusts (Amendment) Act, 1916 (Act No. I of 1916)",
"14 Section 20B was inserted by section 2 of the Trusts (Amendment) Act, 2000 (Act No. XXI of 2000)",
"15 The words, commas and figure “investments made before this Act comes into force, or shall be deemed to precluded an investment on a mortgage of immovable property already pledged as security for an advance under the Land Improvement Act, 1871 or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The second paragraph of section 82 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Trusts Act, 1882",
"num_of_sections": 114,
"published_date": "13th January, 1882",
"related_act": [
26,
90,
430,
47
],
"repelled": false,
"sections": [
{
"act_id": 47,
"details": "1. This Act may be called the Trusts Act, 1882: and it shall come into force on the first day of March, 1882.",
"name": "Short title\tCommencemen",
"related_acts": "47",
"section_id": 1
},
{
"act_id": 47,
"details": "It extends to the whole of Bangladesh. But nothing herein contained affects the rules of 2Muslim law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trust to distribute prizes taken in war among the captors; and nothing in the second Chapter of this Act applies to trusts created before the said day.",
"name": "Local extent\tSavings",
"related_acts": "",
"section_id": 2
},
{
"act_id": 47,
"details": "2. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 47,
"details": "3. A “trust” is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner:\tthe person who reposes or declares the confidence is called the “author of the trust”: the person who accepts the confidence is called the “trustee”: the person for whose benefit the confidence is accepted is called the “beneficiary”: the subject-matter of the trust is called “trust-property” or “trust-money”: the “beneficial interest” or “interest” of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the “instrument of trust”: a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a “breach of trust”:",
"name": "Interpretation-clause",
"related_acts": "",
"section_id": 4
},
{
"act_id": 47,
"details": "And in this Act, unless there be something repugnant in the subject or context, “registered” means registered under the law for the registration of documents for the time being in force: a person is said to have “notice” of a fact either when he actually knows that fact, or when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the Contract Act, 1872, section 229; and all expressions used herein and defined in the Contract Act, 1872, shall be deemed to have the meanings respectively attributed to them by that Act.",
"name": "Expressions defined in Act IX of 1872",
"related_acts": "26,26",
"section_id": 5
},
{
"act_id": 47,
"details": "4. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is void. Explanation - In this section the expression “law” includes, where the trust-property is immoveable and situate in a foreign country, the law of such country. Illustrations (a) \tA conveys property to B in trust to apply the profits to the nurture of female foundings to be trained up as prostitutes. The trust is void. (b) \tA bequeaths property to B in trust to employ it in carrying on a smuggling business, and out of the profits thereof to support A's children. The trust is void. (c) \tA, while in insolvent circumstances, transfers property to B in trust for A during his life, and after his death for B. A is declared an insolvent. The trust for A is invalid as against his creditors.",
"name": "Lawful purpose",
"related_acts": "",
"section_id": 6
},
{
"act_id": 47,
"details": "5. \tNo trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered, or by the will of the author of the trust or of the trustee.",
"name": "Trust of immoveable property",
"related_acts": "",
"section_id": 7
},
{
"act_id": 47,
"details": "No trust in relation to moveable property is valid unless declared as aforesaid, or unless the ownership of the property is transferred to the trustee. These rules do not apply where they would operate so as to effectuate a fraud.",
"name": "Trust of moveable property",
"related_acts": "",
"section_id": 8
},
{
"act_id": 47,
"details": "6. Subject to the provisions of section 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or acts (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is declared by will or the author of the trust is himself to be the trustee) transfers the trust- property to the trustee. Illustrations (a) \tA bequeaths certain property to B, “having the fullest confidence that he will dispose of it for the benefit of C”. This creates a trust so far as regards A and C. (b) \tA bequeaths certain property to B, “hoping he will continue it in the family”. This does not create a trust, as the beneficiary is not indicated with reasonable certainty. (c) \tA bequeaths certain property to B, requesting him to distribute it among such members of C's family as B should think most deserving. This does not create a trust, for the beneficiaries are not indicated with reasonable certainty. (d) \tA bequeaths certain property to B, desiring him to divide the bulk of it among C's children. This does not create a trust, for the trust-property is not indicated with sufficient certainty. (e) \tA bequeaths a shop and stock-in-trade to B, on condition that he pays A's debts and a legacy to C. This is a condition, not a trust for A's creditors and C.",
"name": "Creation of trust",
"related_acts": "",
"section_id": 9
},
{
"act_id": 47,
"details": "7. A trust may be created- (a)\tby every person competent to contract, and, (b)\twith the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor; but subject in each case to the law for the time being in force as to the circumstances and extent in and to which the author of the trust may dispose of the trust –property.",
"name": "Who may create trusts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 47,
"details": "8. The subject-matter of a trust must be properly transferable to the beneficiary. It must not be merely beneficial interest under a subsisting trust.",
"name": "Subject of trust",
"related_acts": "",
"section_id": 11
},
{
"act_id": 47,
"details": "9. Every person capable of holding property may be a beneficiary.",
"name": "Who may be beneficiary",
"related_acts": "",
"section_id": 12
},
{
"act_id": 47,
"details": "A proposed beneficiary may renounce his interest under the trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim inconsistent therewith.",
"name": "Disclaimer by beneficiary",
"related_acts": "",
"section_id": 13
},
{
"act_id": 47,
"details": "10. \tEvery person capable of holding property may be a trustee; but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract.",
"name": "Who may be trustee",
"related_acts": "",
"section_id": 14
},
{
"act_id": 47,
"details": "No one is bound to accept a trust.",
"name": "No one bound to accept trust",
"related_acts": "",
"section_id": 15
},
{
"act_id": 47,
"details": "A trust is accepted by any words or acts of the trustee indicating with reasonable certainty such acceptance.",
"name": "Acceptance of trust",
"related_acts": "",
"section_id": 16
},
{
"act_id": 47,
"details": "Instead of accepting a trust, the intended trustee may, within a reasonable period, disclaim it, and such disclaimer shall prevent the trust-property from vesting in him. A disclaimer by one of two or more co-trustees vests the trust-property in the other or others, and makes him or them sole trustee or trustees from the date of the creation of the trust. Illustrations (a) \tA bequeaths certain property to B and C, his executors, as trustees for D. B and C prove A's will. This is in itself an acceptance of the trust, and B and C hold the property in trust for D. (b) \tA transfers certain property to B in trust to sell it and to pay out of the proceeds A's debts. B accepts the trust and sells the property. So far as regards B, a trust of the proceeds is created for A's creditors. (c) \tA bequeaths a lakh of Taka to B upon certain trusts and appoints him his executor. B severs the lakh from the general assets and appropriates it to the specific purpose. This is an acceptance of the trust.",
"name": "Disclaimer of trust",
"related_acts": "",
"section_id": 17
},
{
"act_id": 47,
"details": "11. The trustee is bound to fulfil the purpose of the trust, and to obey the directions of the author of the trust given at the time of its creation, except as modified by the consent of all the beneficiaries being competent to contract. Where the beneficiary is incompetent to contract, his consent may, for the purposes of this section, be given by a principal Civil Court of original jurisdiction. Nothing in this section shall be deemed to require a trustee to obey any direction when to do so would be impracticable, illegal or manifestly injurious to the beneficiaries. Explanation - Unless a contrary intention be expressed, the purpose of a trust for the payment of debts shall be deemed to be (a) to pay only the debts of the author of the trust existing and recoverable at the date of the instrument of trust, or, when such instrument is a will, at the date of his death, and (b) in the case of debts not bearing interest, to make such payment without interest. Illustrations (a) \tA, a trustee, is simply authorised to sell certain land by public auction. He cannot sell the land by private contract. (b) \tA, a trustee of certain land for X, Y and Z, is authorised to sell the land to B for a specified sum. X, Y and Z, being competent to contract, consent that A may sell the land to C for a less sum. A may sell the land accordingly. (c) \tA, a trustee for B and her children, is directed by the author of the trust to lend, on B's request, trust-property to B's husband, C, on the security of his bond. C becomes insolvent and B requests A to make the loan. A may refuse to make it.",
"name": "Trustee to execute trust",
"related_acts": "",
"section_id": 18
},
{
"act_id": 47,
"details": "12. A trustee is bound to acquaint himself, as soon as possible, with the nature and circumstances of the trust-property; to obtain, where necessary, a transfer of the trust-property to himself; and (subject to the provisions of the instrument of trust) to get in trust-moneys invested on insufficient or hazardous security. Illustrations (a) \tThe trust-property is a debt outstanding on personal security. The instrument of trust gives the trustee no discretionary power to leave the debt so outstanding. The trustee's duty is to recover the debt without un-necessary delay. (b) \tThe trust-property is money in the hands of one of two co-trustees. No discretionary power is given by the instrument of trust. The other co-trustee must not allow the former to retain the money for a longer period than the circumstances of the case required.",
"name": "Trustee to inform himself of state of trust-property",
"related_acts": "",
"section_id": 19
},
{
"act_id": 47,
"details": "13. A trustee is bound to maintain and defend all such suits, and (subject to the provisions of the instrument of trust) to take such other steps as, regard being had to the nature and amount or value of the trust-property, may be reasonably requisite for the preservation of the trust-property and the assertion or protection of the title thereto. Illustration The trust-property is immoveable property which has been given to the author of the trust by an unregistered instrument. Subject to the provisions of the 3Registration Act, 1908, the trustee's duty is to cause the instrument to be registered.",
"name": "Trustee to protect title to trust-property",
"related_acts": "90",
"section_id": 20
},
{
"act_id": 47,
"details": "14. The trustee must not for himself or another set up or aid any title to the trust-property adverse to the interest of the beneficiary.",
"name": "Trustee not to set up title adverse to beneficiary",
"related_acts": "",
"section_id": 21
},
{
"act_id": 47,
"details": "15. A trustee is bound to deal with the trust-property as carefully as a man of ordinary prudence would deal with such property if it were his own; and, in the absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or deterioration of the trust-property. Illustrations (a) A, living in Chittagong, is a trustee for B, living in 4Dhaka. A remits trust-funds to B by bills drawn by a person of undoubted credit in favour of the trustee as such, and payable at 5Dhaka. The bills are dis-honoured. A is not bound to make good the loss. (b) A, a trustee of leasehold property, directs the tenant to pay the rents on account of the trust to a banker, B, then in credit. The rents are accordingly paid to B, and A leaves the money with B only till wanted. Before the money is drawn out, B becomes insolvent. A, having had no reason to believe that B was in insolvent circumstances, is not bound to make good the loss. (c) \tA, a trustee of two debts for B, releases one and compounds the other, in good faith, and reasonably believing that it is for B's interest to do so. A is not bound to make good any loss caused thereby to B. (d) \tA, a trustee directed to sell the trust-property by auction, sells the same, but does not advertise the sale and otherwise fails in reasonable diligence in inviting competition. A is bound to make good the loss caused thereby to the beneficiary. (e) \tA, a trustee for B, in execution of his trust, sells the trust-property, but from want of due diligence on his part fails to receive part of the purchase-money. A is bound to make good the loss thereby caused to B. (f) \tA, a trustee for B of a policy of insurance, has funds in hand for payment of the premiums. A neglects to pay the premiums, and the policy is consequently forfeited. A is bound to make good the loss to B. (g) \tA bequeaths certain moneys to B and C as trustees, and authorizes them to continue trust-moneys upon the personal security of a certain firm in which A had himself invested them. A dies, and a change takes place in the firm. B and C must not permit the moneys to remain upon the personal security of the new firm. (h) \tA, a trustee for B, allows the trust to be executed solely by this co-trustee, C. C misapplies the trust-property. A is personally answerable for the loss resulting to B.",
"name": "Care required from trustee",
"related_acts": "",
"section_id": 22
},
{
"act_id": 47,
"details": "16. Where the trust is created for the benefit of several persons in succession, and the trust-property is of a wasting nature or a future or reversionary interest, the trustee is bound, unless an intention to the contrary may be inferred from the instrument of trust, to convert the property into property of a permanent and immediately profitable character. Illustrations (a) \tA bequeaths to B all his property in trust for C during his life, and on his death for D, and on D's death for E. A's property consists of three leasehold houses, and there is nothing in A's will to show that he intended the houses to be enjoyed in specie. B should sell the houses, and invest the proceeds in accordance with section 20. (b) \tA bequeaths to B his three leasehold houses in Chittagong and all the furniture therein in trust for C during his life, and on his death for D, and on D's death for E. Here an intention that the houses and furniture should be enjoyed in specie appears clearly, and B should not sell them.",
"name": "Conversion of perishable property",
"related_acts": "",
"section_id": 23
},
{
"act_id": 47,
"details": "17. Where there are more beneficiaries than one, the trustee is bound to be impartial, and must not execute the trust for the advantage of one at the expense of another. Where the trustee has a discretionary power, nothing in this section shall be deemed to authorise the Court to control the exercise reasonably and in good faith of such discretion. Illustration A, a trustee for B, C and D, is empowered to choose between several specified modes of investing the trust-property. A in good faith chooses one of the these modes. The Court will not interfere, although the result of the choice may be to vary the relative rights of B, C and D.",
"name": "Trustee to be impartial",
"related_acts": "",
"section_id": 24
},
{
"act_id": 47,
"details": "18. Where the trust is created for the benefit of several persons in succession and one of them is in possession of the trust-property, if he commits, or threatens to commit, any act which is destructive or permanently injurious thereto, the trustee is bound to take measures to prevent such act.",
"name": "Trustee to prevent waste",
"related_acts": "",
"section_id": 25
},
{
"act_id": 47,
"details": "19. A trustee is bound (a) to keep clear and accurate accounts of the trust-property, and (b), at all reasonable times, at the request of the beneficiary, to furnish him with full and accurate information as to the amount and state of the trust-property.",
"name": "Accounts and information",
"related_acts": "",
"section_id": 26
},
{
"act_id": 47,
"details": "20. Where the trust-property consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee is bound (subject to any direction contained in the instrument of trust) to invest the money on the following securities, and on no others:- (a) \tin promissory notes, debentures, stock or other securities 6of the Government: Provided that securities, both the principal whereof and the interest whereon shall have been fully and un-conditionally guaranteed by 7the Government, shall be deemed, for the purposes of this clause, to be securities of 8the Government; 9* * * 10(c) \tin stock or debentures of, or shares in, Companies the interest whereon shall have been guaranteed by the Government: (d)\tin debenture or other securities for money issued under the authority of any Bangladesh Act, or on behalf of any municipal body or port trust or city improvement trust: (e)\ton a first mortgage of immoveable property situate in 11Bangladesh: Provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money; or (f)\ton any other security expressly authorised by the instrument of trust, or by any rule which the 12Supreme Court may from time to time prescribe in this behalf: Provided that, where there is a person competent to contract and entitled in possession to receive the income of the trust-property for his life, or for any greater estate, no investment on any security mentioned or referred to in clauses (d), (e), and (f) shall be made without his consent in writing.",
"name": "Investment of trust-money",
"related_acts": "",
"section_id": 27
},
{
"act_id": 47,
"details": "1320A.(1) A trustee may invest in any of the securities mentioned or referred to in section 20, notwithstanding that the same may be redeemable and that the price exceeds the redemption value: Provided that a trustee may not purchase at a price exceeding its redemption value any security mentioned or referred to in clauses (c) and (d) of section 20 which is liable to be redeemed within fifteen years of the date of purchase at par or at some other fixed rate, or purchase any such security as is mentioned or referred to in the said clauses which is liable to be redeemed at par or at some other fixed rate at a price exceeding fifteen per centum above par or such other fixed rate. (2) \tA trustee may retain until redemption any redeemable stock, fund or security which may have been purchased in accordance with this section.",
"name": "Power to purchase redeemable stock at a premium",
"related_acts": "",
"section_id": 28
},
{
"act_id": 47,
"details": "1420B. (1) Where the trust property comprises money and it cannot be applied immediately to the purposes of the trust, the trustee may, subject to any prohibition or restriction imposed in the instrument of trust, invest an amount not exceeding 25% of such money, hereinafter referred to in this section as the maximum limit of investment, in any security listed with a stock exchange of Bangladesh. (2) \tIn determining the exact amount of money that may be invested under sub-section (1) at any given time, the money already invested, if any, under this section and also under 20(f) shall be deducted from the maximum limit of investment at that time. (3) \tNothing in this section shall be construed to be a bar to authorise the investment of trust-money by the author of the trust beyond the maximum limit of investment.",
"name": "Investment of trust-money in company securities",
"related_acts": "",
"section_id": 29
},
{
"act_id": 47,
"details": "21. Nothing in section 20 shall apply to 15* * * in case the trust-money does not exceed three thousand taka a deposit thereof in a Government Savings Bank.",
"name": "Deposit in Government Savings Bank",
"related_acts": "",
"section_id": 30
},
{
"act_id": 47,
"details": "22. Where a trustee directed to sell within a specified time extends such time, the burden of proving, as between himself and the beneficiary, that the latter is not prejudiced by the extension lies upon the trustee, unless the extension has been authorised by a principal Civil Court of original jurisdiction. Illustration A bequeaths property to B, directing him with all convenient speed and within five years to sell it, and apply the proceeds for the benefit of C. In the exercise of reasonable discretion, B postpones the sale for six years. The sale is not thereby rendered invalid, but C, alleging that he has been injured by the postponement, institutes a suit against B to obtain compensation. In such suit the burden of proving that C has not been injured lies on B.",
"name": "Sale by trustee directed to sell within specified time",
"related_acts": "",
"section_id": 31
},
{
"act_id": 47,
"details": "23. Where the trustee commits a breach of trust, he is liable to make good the loss which the trust-property or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the facts of the case and of his right as against the trustee. A trustee committing a breach of trust is not liable to pay interest except in the following cases:- (a)\twhere he has actually received interest: (b)\twhere the breach consists in unreasonable delay in paying trust-money to the beneficiary: (c)\twhere the trustee ought to have received interest, but has not done so: (d)\twhere he may be fairly presumed to have received interest. He is liable, in case (a), to account for the interest actually received, and, in cases (b), (c) and (d), to account for simple interest at the rate of six per cent. per annum, unless Court otherwise directs. (e)\twhere the breach consists in failure to invest trust-money and to accumulate the interest or dividends thereon, he is liable to account for compound interest (with half-yearly rests) at the same rate. (f)\twhere the breach consists in the employment of trust-property or the proceeds thereof in trade or business, he is liable to account, at the option of the beneficiary, either for compound interest (with half-yearly rests) at the same rate, or for the net profits made by such employment. Illustrations (a) \tA trustee improperly leaves trust-property outstanding, and it is consequently lost: he is liable to make good the property lost, but he is not liable to pay interest thereon. (b) \tA bequeaths a house to B in trust to sell it and pay the proceeds to C. B neglects to sell the house for a great length of time, whereby the house is deteriorated and its market price falls. B is answerable to C for the loss. (c) \tA trustee is guilty of unreasonable delay in investing trust-money in accordance with section 20, or in paying it to the beneficiary. The trustee is liable to pay interest thereon for the period of the delay. (d) \tThe duty of the trustee is to invest trust-money in any of the securities mentioned in section 20, clause (a), (b), (c) or (d). Instead of so doing he retains the money in his hands. He is liable, at the option of the beneficiary, to be charged either with the amount of the principal money and interest, or with the amount of such securities as he might have purchased with the trust-money when the investment should have been made, and the intermediate dividends and interest thereon. (e) \tThe instrument of trust directs the trustee to invest trust-money either in any such securities or on mortgage of immoveable property. The trustee does neither. He is liable for the principal money and interest. (f) \tThe instrument of trust directs the trustee to invest trust-money in any of such securities and to accumulate the dividends thereon. the trustee disregards the direction. He is liable, at the option of the beneficiary, to be charged either with the amount of the principal money and compound interest, or with the amount of such securities as he might have purchased with the trust-money when the investment should have been made, together with the amount of the accumulation which would have arisen from a proper investment of the intermediate dividends. (g) \tTrust-property is invested in one of the securities mentioned in section 20, clause (a), (b), (c) or (d). The trustee sells such security for some purpose not authorised by the terms of the instrument of trust. He is liable, at the option of the beneficiary, either to replace the security with the intermediate dividends and interest thereon, or to account for the proceeds of the sale with interest thereon. (h) \tThe trust-property consists of land. The trustee sells the land to a purchaser for a consideration without notice of the trust. The trustee is liable, at the option of the beneficiary, to purchase other land of equal value to be settled upon the like trust, or to be charged with the proceeds of the sale with interest.",
"name": "Liability for breach of trust",
"related_acts": "",
"section_id": 32
},
{
"act_id": 47,
"details": "24. A trustee who is liable for a loss occasioned by a breach of trust in respect of one portion of the trust-property cannot set-off against his liability a gain which has accrued to another portion of the trust-property through another and distinct breach of trust.",
"name": "No set-off allowed to trustee",
"related_acts": "",
"section_id": 33
},
{
"act_id": 47,
"details": "25. Where a trustee succeeds another, he is not, as such, liable for the acts or defaults of his predecessor.",
"name": "Non-liability for predecessor’s default",
"related_acts": "",
"section_id": 34
},
{
"act_id": 47,
"details": "26. Subject to the provisions of sections 13 and 15, one trustee is not, as such, liable for a breach of trust committed by his co-trustee: Provided that, in the absence of an express declaration to the contrary in the instrument of trust, a trustee is so liable,- (a)\twhere he has delivered trust-property to his co-trustee without seeing to its proper application: (b)\twhere he allows his co-trustee to receive trust-property and fails to make due enquiry as to the co-trustee's dealing therewith or allows him to retain it longer than the circumstances of the case reasonably require: (c)\twhere he becomes aware of a breach of trust committed or intended by his co-trustee, and either actively conceals it or does not within a reasonable time take proper steps to protect the beneficiary's interest.",
"name": "Non-liability for co-trustee’s default",
"related_acts": "",
"section_id": 35
},
{
"act_id": 47,
"details": "A co-trustee who joins in signing a receipt for trust-property and proves that he has not received the same is not answerable, by reason of such signature only, for loss or misapplication of the property by his co-trustee. Illustration A bequeaths certain property to B and C, and directs them to sell it and invest the proceeds for the benefit of D. B and C accordingly sell the property, and the purchase-money is received by B and retained in his hands. C pays no attention to the matter for two years, and then calls on B to make the investment. B is unable to do so, becomes insolvent, and the purchase-money is lost. C may be compelled to make good the amount.",
"name": "Joining in receipt for conformity",
"related_acts": "",
"section_id": 36
},
{
"act_id": 47,
"details": "27. Where co-trustees jointly commit a breach of trust, or where one of them by his neglect enables the other to commit a breach of trust, each is liable to the beneficiary for the whole of the loss occasioned by such breach.",
"name": "Several liability of co-trustees",
"related_acts": "",
"section_id": 37
},
{
"act_id": 47,
"details": "But as between the trustees themselves, if one be less guilty than another and has had to refund the loss, the former may compel the latter, or his legal representative to the extent of the assets he has received, to make good such loss; and, if all be equally guilty, any one or more of the trustees who has had to refund the loss may compel the others to contribute. Nothing in this section shall be deemed to authorise a trustee who has been guilty of fraud to institute a suit to compel contribution.",
"name": "Contribution as between co-trustees",
"related_acts": "",
"section_id": 38
},
{
"act_id": 47,
"details": "28. When any beneficiary's interest becomes vested in another person, and the trustee, not having notice of the vesting, pays or delivers trust-property to the person who would have been entitled thereto in the absence of such vesting, the trustee is not liable for the property so paid or delivered.",
"name": "Non-liability of trustee paying without notice of transfer by beneficiary",
"related_acts": "",
"section_id": 39
},
{
"act_id": 47,
"details": "29. When the beneficiary's interest is forfeited or awarded by legal adjudication to the Government, the trustee is bound to hold the trust-property to the extent of such interest for the benefit of such person in such manner as the Government may direct in this behalf.",
"name": "Liability of trustee where beneficiary’s interest is forfeited to the Government",
"related_acts": "",
"section_id": 40
},
{
"act_id": 47,
"details": "30. Subject to the provisions of the instrument of trust and of sections 23 and 26, trustees shall be respectively chargeable only for such moneys, stocks, funds and securities as they respectively actually receive and shall not be answerable the one for the other of them, nor for any banker, broker or other person in whose hands any trust-property may be placed, nor for the insufficiency or deficiency of any stocks, funds or securities, nor otherwise for involuntary losses.",
"name": "Indemnity of trustees",
"related_acts": "",
"section_id": 41
},
{
"act_id": 47,
"details": "31. A trustee is entitled to have in his possession the instrument of trust and all the documents of title (if any) relating solely to the trust-property.",
"name": "Right to title-deed",
"related_acts": "",
"section_id": 42
},
{
"act_id": 47,
"details": "Where a trustee has by mistake made an over-payment to the beneficiary, he may reimburse the trust-property out of the beneficiary's interest. If such interest fail, the trustee is entitled to recover from the beneficiary personally the amount of such over-payment.",
"name": "Right to be recouped for erroneous overpayment",
"related_acts": "",
"section_id": 43
},
{
"act_id": 47,
"details": "32. Every trustee may reimburse himself, or pay or discharge out of the trust-property, all expenses properly incurred in or about the execution of the trust, or the realisation, preservation or benefit of the trust-property, or the protection or support of the beneficiary. If he pays such expenses out of his own pocket, he has a first charge upon the trust-property for such expenses and interest thereon; but such charge (unless the expenses have been incurred with the sanction of a principal Civil Court of original jurisdiction) shall be enforced only by prohibiting any disposition of the trust-property without previous payment of such expenses and interest. If the trust-property fail, the trustee is entitled to recover from the beneficiary personally on whose behalf he acted, and at whose request, expressed or implied, he made the payment, the amount of such expenses.",
"name": "Right to reimbursement of expenses",
"related_acts": "",
"section_id": 44
},
{
"act_id": 47,
"details": "33. A person other than a trustee who has gained an advantage from a breach of trust must indemnify the trustee to the extent of the amount actually received by such person under the breach; and where he is a beneficiary the trustee has a charge on his interest for such amount. Nothing in this section shall be deemed to entitle a trustee to be indemnified who has, in committing the breach of trust, been guilty of fraud.",
"name": "Right to indemnity from gainer by breach of trust",
"related_acts": "",
"section_id": 45
},
{
"act_id": 47,
"details": "34. Any trustee may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction for its opinion, advice or direction on any present questions respecting the management or administration of the trust-property other than questions of detail, difficulty or importance, not proper in the opinion of the Court for summary disposal. A copy of such petition shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit. The trustee stating in good faith the facts in such petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee in the subject-matter of the application. The costs of every application under this section shall be in the discretion of the Court to which it is made.",
"name": "Right to apply to Court for opinion in management of trust-property",
"related_acts": "",
"section_id": 46
},
{
"act_id": 47,
"details": "35. When the duties of a trustee, as such, are completed, he is entitled to have the accounts of his administration of the trust-property examined and settled; and, where nothing is due to the beneficiary under the trust, to an acknowledgement in writing to that effect.",
"name": "Right to settlement of accounts",
"related_acts": "",
"section_id": 47
},
{
"act_id": 47,
"details": "36. In addition to the powers expressly conferred by this Act and by the instrument of trust, and subject to the restrictions, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realisation, protection or benefit of the trust-property, and for the protection or support of a beneficiary who is not competent to contract. Except with the permission of a principal Civil Court of original jurisdiction, no trustee shall lease trust-property for a term exceeding twenty-one years from the date of executing the lease, nor without reserving the best yearly rent that can be reasonably obtained.",
"name": "General authority of trustee",
"related_acts": "",
"section_id": 48
},
{
"act_id": 47,
"details": "37. Where the trustee is empowered to sell any trust-property, he may sell the same subject to prior charges or not, and either together or in lots, by public auction or private contract, and either at one time or at several times, unless the instrument of trust otherwise directs.",
"name": "Power to sell in lots, and either by public auction or private contract",
"related_acts": "",
"section_id": 49
},
{
"act_id": 47,
"details": "38. The trustee making any such sale may insert such reasonable stipulations either as to title or evidence of title, or otherwise, in any conditions of sale or contract for sale, as he thinks fit; and may also buy in the property or any part thereof at any sale by auction, and rescind or vary any contract for sale, and re-sell the property so bought in, or as to which the contract is so rescinded, without being responsible to the beneficiary for any loss occasioned thereby.",
"name": "Power to sell under special conditionsPower to buy in and re-sell",
"related_acts": "",
"section_id": 50
},
{
"act_id": 47,
"details": "Where a trustee is directed to sell trust-property or to invest trust-money in the purchase of property, he may exercise a reasonable discretion as to the time of effecting the sale or purchase. Illustrations (a) \tA bequeaths property to B, directing him to sell it with all convenient speed and pay the proceeds to C. This does not render an immediate sale imperative. (b) \tA bequeaths property to B, directing him to sell it at such time and in such manner as he shall think fit and invest the proceeds for the benefit of C. This does not authorise B, as between him and C, to postpone the sale to an indefinite period.",
"name": "Time allowed for selling trust-property",
"related_acts": "",
"section_id": 51
},
{
"act_id": 47,
"details": "39. For the purpose of completing any such sale, the trustee shall have power to convey or otherwise dispose of the property sold in such manner as may be necessary.",
"name": "Power to convey",
"related_acts": "",
"section_id": 52
},
{
"act_id": 47,
"details": "40. A trustee may, at his discretion, call in any trust-property invested in any security and invest the same on any of the securities mentioned or referred to in section 20, and from time to time vary any such investments for others of the same nature: Provided that, where there is a person competent to contract and entitled at the time to receive the income of the trust-property for his life, or for any greater estate, no such change of investment shall be made without his consent in writing.",
"name": "Power to vary investments",
"related_acts": "",
"section_id": 53
},
{
"act_id": 47,
"details": "41. Where any property is held by a trustee in trust for a minor, such trustee may, at his discretion, pay to the guardians (if any) of such minor, or otherwise apply for or towards his maintenance or education or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the whole or any part of the income to which he may be entitled in respect of such property; and such trustee shall accumulate all the residue of such income by way of compound interest by investing the same and the resulting income thereof from time to time in any of the securities mentioned or referred to in section 20, for the benefit of the person who shall ultimately become entitled to the property from which such accumulations have arisen: Provided that such trustee may, at any time, if he thinks fit, apply the whole or any part of such accumulations as if the same were part of the income arising in the then current year. Where the income of the trust-property is insufficient for the minor's maintenance or education or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the trustee may, with the permission of a principal Civil Court of original jurisdiction, but not otherwise, apply the whole or any part of such property for or towards such maintenance, education, advancement or expenses. Nothing in this section shall be deemed to affect the provisions of any local law for the time being in force relating to the persons and property of minors.",
"name": "Power to apply property of minors, etc., for their maintenance, etc.",
"related_acts": "",
"section_id": 54
},
{
"act_id": 47,
"details": "42. Any trustees or trustee may give a receipt in writing for any money, securities or other moveable property payable, transferable or deliverable to them or him by reason, or in the exercise, of any trust or power; and, in the absence of fraud, such receipt shall discharge the person paying, transferring or delivering the same therefrom, and from seeing to the application thereof, or being accountable for any loss or misapplication thereof.",
"name": "Power to give receipts",
"related_acts": "",
"section_id": 55
},
{
"act_id": 47,
"details": "43. Two or more trustee acting together may, if and as they think fit,- (a)\taccept any composition or any security for any debt or for any property claimed; (b)\tallow any time for payment of any debt; (c)\tcompromise, compound, abandon, submit to arbitration or otherwise settle any debt, account, claim or thing whatever relating to the trust; and, (d)\tfor any of those purposes, enter into, give, execute and do such agreements, instruments of composition or arrangement, releases and other things as to them seem expedient, without being responsible for any loss occasioned by any act or thing so done by them in good faith. The powers conferred by this section on two or more trustees acting together may be exercised by a sole acting trustee when by the instrument of trust, if any, a sole trustee is authorised to execute the trusts and powers thereof. This section applies only if and as far as a contrary intention is not expressed in the instrument of trust, if any, and shall have effect subject to the terms of that instrument and to the provisions therein contained. This section applies only to trusts created after this Act comes into force.",
"name": "Power to compound, etc.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 47,
"details": "44. When an authority to deal with the trust-property is given to several trustees and one of them disclaims or dies, the authority may be exercised by the continuing trustees, unless from the terms of the instrument of trust it is apparent that the authority is to be exercised by a number in excess of the number of the remaining trustees.",
"name": "Power to several trustees of whom one disclaims or dies",
"related_acts": "",
"section_id": 57
},
{
"act_id": 47,
"details": "45. Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the Court by which the decree has been made, or, where an appeal against the decree is pending, of the Appellate Court.",
"name": "Suspension of trustee’s powers by decree",
"related_acts": "",
"section_id": 58
},
{
"act_id": 47,
"details": "46. A trustee who has accepted the trust cannot afterwards renounce it except (a) with the permission of a principal Civil Court of original jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust.",
"name": "Trustee cannot renounce after acceptance",
"related_acts": "",
"section_id": 59
},
{
"act_id": 47,
"details": "47. A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless (a) the instrument of trust so provides, or (b) the delegation is in the regular course of business, or (c) the delegation is necessary, or (d) the beneficiary, being competent to contract, consents to the delegation. Explanation - The appointment of an attorney or proxy to do an act merely ministerial and involving no independent discretion is not a delegation within the meaning of this section. Illustrations (a) \tA bequeaths certain property to B and C on certain trusts to be executed by them or the survivor of them or the assigns of such survivor. B dies. C may bequeath the trust-property to D and E upon the trusts of A's will. (b) \tA is a trustee of certain property with power to sell the same. A may employ an auctioneer to effect the sale. (c) \tA bequeaths to B fifty houses let at monthly rents in trust to collect the rents and pay them to C. B may employ a proper person to collect these rents.",
"name": "Trustee cannot delegate",
"related_acts": "",
"section_id": 60
},
{
"act_id": 47,
"details": "48. When there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides.",
"name": "Co-trustees cannot act singly",
"related_acts": "",
"section_id": 61
},
{
"act_id": 47,
"details": "49. Where a discretionary power conferred on a trustee is not exercised reasonably and in good faith, such power may be controlled by a principal Civil Court of original jurisdiction.",
"name": "Control of discretionary power",
"related_acts": "",
"section_id": 62
},
{
"act_id": 47,
"details": "50. In the absence of express directions to the contrary contained in the instrument of trust or of a contract to the contrary entered into with the beneficiary or the Court at the time of accepting the trust, a trustee has no right to remuneration for his trouble, skill and loss of time in executing the trust. Nothing in this section applies to any Official Trustee, Administrator- General, Public Curator or person holding a certificate of administration.",
"name": "Trustee may not charge for services",
"related_acts": "",
"section_id": 63
},
{
"act_id": 47,
"details": "51. No trustee may not use or deal with the trust-property for his own profit or for any other purpose unconnected with the trust.",
"name": "Trustee may not use trust-property for his own profit",
"related_acts": "",
"section_id": 64
},
{
"act_id": 47,
"details": "52. No trustee whose duty it is to sell trust-property, and no agent employed by such trustee for the purpose of the sale, may, directly or indirectly, buy the same or any interest therein, on his own account or as agent for a third person.",
"name": "Trustee for sale or his agent may not buy",
"related_acts": "",
"section_id": 65
},
{
"act_id": 47,
"details": "53. No trustee, and no person who has recently ceased to be a trustee, may, without the permission of a principal Civil Court of original jurisdiction, buy or become mortgagee or lessee of the trust-property or any part thereof; and such permission shall not be given unless the proposed purchase, mortgage or lease is manifestly for the advantage of the beneficiary.",
"name": "Trustee may not buy beneficiary’s interest without permission",
"related_acts": "",
"section_id": 66
},
{
"act_id": 47,
"details": "And no trustee whose duty it is to buy or to obtain a mortgage or lease or particular property for the beneficiary may buy it, or any part thereof, or obtain a mortgage or lease of it, or any part thereof, for himself.",
"name": "Trustee for purchase",
"related_acts": "",
"section_id": 67
},
{
"act_id": 47,
"details": "54. A trustee or co-trustee whose duty it is to invest trust-money on mortgage or personal security must not invest it on mortgage by, or on the personal security of, himself or one of his co-trustees.",
"name": "Co-trustees may not lend to one of themselves",
"related_acts": "",
"section_id": 68
},
{
"act_id": 47,
"details": "55. The beneficiary has, subject to the provisions of the instrument of trust, a right to the rents and profits of the trust-property.",
"name": "Rights to rents and profits",
"related_acts": "",
"section_id": 69
},
{
"act_id": 47,
"details": "56. The beneficiary is entitled to have the intention of the author of the trust specifically executed to the extent of the beneficiary's interest;",
"name": "Right to specific execution",
"related_acts": "",
"section_id": 70
},
{
"act_id": 47,
"details": "and, where there is only one beneficiary and he is competent to contract, or where there are several beneficiaries and they are competent to contract and all of one mind, he or they may require the trustee to transfer the trust-property to him or them, or to such person as he or they may direct. When property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in the second clause of this section applies to such property during her marriage. Illustrations (a) \tCertain Government securities are given to trustees upon trust to accumulate the interest until A attains the age of 24, and then to transfer the gross amount to him. A on attaining majority may, as the person exclusively interested in the trust-property, require the trustees to transfer it immediately to him. (b) \tA bequeaths Tk. 10,000 to trustees upon trust to purchase an annuity for B, who has attained his majority and is otherwise competent to contract. B may claim the Tk. 10,000. (c) \tA transfers certain property to B and directs him to sell or invest it for the benefit of C, who is competent to contract. C may elect to take the property in its original character.",
"name": "Right to transfer of possession",
"related_acts": "",
"section_id": 71
},
{
"act_id": 47,
"details": "57. The beneficiary has a right, as against the trustee and all persons claiming under him with notice of the trust, to inspect and take copies of the instrument of trust, the documents of title relating solely to the trust-property, the accounts of the trust-property and the vouchers (if any) by which they are supported, and the cases submitted and opinions taken by the trustee for his guidance in the discharge of his duty.",
"name": "Right to inspect and take copies of instrument of trust accounts, etc.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 47,
"details": "58. The beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time being in force as to the circumstances and extent in and to which he may dispose of such interest: Provided that when property is transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section shall authorise her to transfer such interest during her marriage.",
"name": "Right to transfer beneficial interest",
"related_acts": "",
"section_id": 73
},
{
"act_id": 47,
"details": "59. Where no trustees are appointed or all the trustees die, disclaim, or are discharged, or where for any other reason the execution of a trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of the trust, and the trust shall, so far as may be possible, be executed by the Court until the appointment of a trustee or new trustee.",
"name": "Right to sue for execution of trust",
"related_acts": "",
"section_id": 74
},
{
"act_id": 47,
"details": "60. The beneficiary has a right (subject to the provisions of the instrument of trust) that the trust-property shall be properly protected and held and administered by proper persons and by a proper number of such persons. Explanation I - The following are not proper persons within the meaning of this section:- A person domiciled abroad: an alien enemy: a person having an interest inconsistent with that of the beneficiary: a person in insolvent circumstances; and, unless the personal law of the beneficiary allows otherwise, a married woman and a minor. Explanation II - When the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least. Illustrations (a) \tA, one of several beneficiaries, proves that B, the trustee, has improperly disposed of part of the trust-property, or that the property is in danger from B's being in insolvent circumstances, or that he is incapacitated from acting as trustee. A may obtain a receiver of the trust-property. (b) \tA bequeaths certain jewels to B in trust for C. B dies during A's life time; then A dies. C is entitled to have the property conveyed to a trustee for him. (c) \tA conveys certain property to four trustees in trust for B. Three of the trustee die. B may institute a suit to have three new trustees appointed in the place of the deceased trustees. (d) \tA conveys certain property to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three trustees appointed in place of the trustees so disclaiming. (e) \tA, a trustee for B, refuses to act, or goes to reside permanently out of Bangladesh or is declared an insolvent, or compounds with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee appointed in his room.",
"name": "Right to proper trustees",
"related_acts": "",
"section_id": 75
},
{
"act_id": 47,
"details": "61. The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. Illustrations (a) \tA contracts with B to pay him monthly Tk. 100 for the benefit of C. B writes and signs a letter declaring that he will hold in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper indemnity to allow C to sue on the contract in B's name. (b) \tA is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making the sale.",
"name": "Right to compel to any act of duty",
"related_acts": "",
"section_id": 76
},
{
"act_id": 47,
"details": "62. \tWhere a trustee has wrongfully bought trust-property, the beneficiary has a right to have the property declared subject to the trust or retransferred by the trustee, if it remains in his hands unsold, or, if it has been bought from him by any person with notice or the trust, by such person. But in such case the beneficiary must repay the purchase-money paid by the trustee, with interest, and such other expenses (if any) as he has properly incurred in the preservation of the property; and the trustee or purchaser must (a) account for the net profits of the property, (b) be charged with an occupation-rent, if he has been in actual possession of the property, and (c) allow the beneficiary to deduct a proportionate part of the purchase-money if the property has been deteriorated by the acts or omissions of the trustee or purchaser. Nothing in this section- (a) \timpairs the rights of lessees and others who, before the institution of a suit to have the property declared subject to the trust or retransferred, have contracted in good faith with the trustee or purchaser; or (b) \tentitles the beneficiary to have the property declared subject to the trust or retransferred where he, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, ratified the sale to the trustee with full knowledge of the facts of the case and of his rights as against the trustee.",
"name": "Wrongful purchase by trustee",
"related_acts": "",
"section_id": 77
},
{
"act_id": 47,
"details": "63. Where trust-property comes into the hands of a third person inconsistently with the trust, the beneficiary may require him to admit formally, or may institute a suit for a declaration, that the property is comprised in the trust. Where the trustee has disposed of trust-property and the money or other property which he has received therefor can be traced in his hands, or the hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as merely as may be the same as his rights in respect of the original trust-property. Illustrations (a) \tA, a trustee for B of Tk. 10,000, wrongfully invests Tk. 10,000 in the purchase of certain land.. B is entitled to the land. (b) \tA, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money subject to a trust for B. B is entitled to a charge on the land for the amount of the trust-money so misemployed.",
"name": "Following trust-property-\t\tinto the hands of third persons;\t\tinto that into which it has been converted",
"related_acts": "",
"section_id": 78
},
{
"act_id": 47,
"details": "64. Nothing in section 63 entitles the beneficiary to any right in respect of property in the hands of- (a) \ta transferee in good faith for consideration without having notice of the trust, either when the purchase-money was paid, or when the conveyance was executed, or (b) \ta transferee for consideration from such a transferee. A judgment-creditor of the trustee attaching and purchasing trust-property is not a transferee for consideration within the meaning of this section. Nothing in section 63 applies to money, currency notes and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to effect the Contract Act, 1872, section 108, or the liability of a person to whom a debt or charge is transferred.",
"name": "Saving of rights of certain transferees",
"related_acts": "26",
"section_id": 79
},
{
"act_id": 47,
"details": "65. Where a trustee wrongfully sells or otherwise transfers trust-property and after wards himself becomes the owner of the property, the property again becomes subject to the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration.",
"name": "Acquisition by trustee of trust-property wrongfully converted",
"related_acts": "",
"section_id": 80
},
{
"act_id": 47,
"details": "66. Where the trustee wrongfully mingles the trust-property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him.",
"name": "Right in case of blended property",
"related_acts": "",
"section_id": 81
},
{
"act_id": 47,
"details": "67. If a partner, being a trustee, wrongfully employs trust-property in the business, or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. The partners having such notice are jointly and severally liable for the breach of trust. Illustrations (a) \tA and B are partners. A dies, having bequeathed all his property B in trust for Z, and appointed B his sole executor. B instead of winding up the affairs of the partnership, retains all the assets in the business. Z may compel him, as partner, to account for so much of the profits as are derived from A's share of the capital. B is also answerable to Z for the improper employment of A's assets. (b) \tA, a trader, bequeaths his property to B in trust for C, appoints B his sole executor, and dies. B enters into partnership with X and Y in the same trade, and employs A's assets in the partnership-business. B gives an indemnity to X and Y against the claims of C. Here X and Y are jointly liable with B to C as having knowingly become parties to the breach of trust committed by B.",
"name": "Wrongful employment by partner-trustee of trust-property for partnership purposes",
"related_acts": "",
"section_id": 82
},
{
"act_id": 47,
"details": "68. Where one of several beneficiaries- (a)\tjoins in committing breach of trust, or (b)\tknowingly obtains any advantage therefrom, without the consent of the other beneficiaries, or (c)\tbecomes aware of a breach of trust committed or intended to be committed, and either actually conceals it, or does not within a reasonable time take proper steps to protect the interests of the other beneficiaries, or (d)\thas deceived the trustee and thereby induced him to commit a breach of trust, the other beneficiaries are entitled to have all his beneficial interest impounded as against him and all who claim under him (otherwise than as transferees for consideration without notice of the breach) until the loss caused by the breach has been compensated. When property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section applies to such property during her marriage.",
"name": "Liability of beneficiary joining in breach of trust",
"related_acts": "",
"section_id": 83
},
{
"act_id": 47,
"details": "69. Every person to whom a beneficiary transfers his interest has the rights, and is subject to the liabilities, of the beneficiary in respect of such interest at the date of the transfer.",
"name": "Rights and liabilities of beneficiary’s transferee",
"related_acts": "",
"section_id": 84
},
{
"act_id": 47,
"details": "70. The office of a trustee is vacated by his death or by his discharge from his office.",
"name": "Office how vacated",
"related_acts": "",
"section_id": 85
},
{
"act_id": 47,
"details": "71. The trustee may be discharged from his office only as follows:- (a) \tby the extinction of the trust; (b) \tby the completion of his duties under the trust; (c) \tby such means as may be prescribed by the instrument of trust; (d) \tby appointment under this Act of a new trustee in his place; (e) \tby consent of himself and the beneficiary, or, where there are more beneficiaries than one, all the beneficiaries than one, all the beneficiaries being competent to contract, or (f) \tby the Court to which a petition for his discharge is presented under this Act.",
"name": "Discharge of trustees",
"related_acts": "",
"section_id": 86
},
{
"act_id": 47,
"details": "72. Notwithstanding the provisions of section 11, every trustee may apply by petition to a principal Civil Court of original jurisdiction to be discharged from his office; and, if the Court finds that there is sufficient reason for such discharge, it may discharge him accordingly, and direct his costs to be paid out of the trust-property. But, where there is no such reason, the Court shall not discharge him, unless a proper person can be found to take his place.",
"name": "Petition to be discharged from trust",
"related_acts": "",
"section_id": 87
},
{
"act_id": 47,
"details": "73. Whenever any person appointed a trustee disclaims, or any trustee, either original or substituted dies, or is for a continues period of six months absent from Bangladesh, or leaves Bangladesh for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal Civil Court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by- (a)\tthe person nominated for that purpose by the instrument of trust (if any), or. (b)\tif there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee for time being, or legal representative of the last surviving and continuing trustee, or (with the consent of the Court) the retiring trustees, if they all retire simultaneously, or (with the like consent) the last retiring trustee. Every such appointment shall be by writing under the hand of the person making it. On an appointment of a new trustee the number of trustees may be increased. The Official Trustee may, with his consent and by the order of the Court, be appointed under this section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee. The provisions of this section relative to a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee if willing to act in the execution of the power.",
"name": "Appointment of new trustees on death, etc.",
"related_acts": "",
"section_id": 88
},
{
"act_id": 47,
"details": "74. Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting a suit, apply by petition to a principal Civil Court of original jurisdiction for the appointment of a trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.",
"name": "Appointment by Court",
"related_acts": "",
"section_id": 89
},
{
"act_id": 47,
"details": "In appointing new trustees, the Court shall have regard (a) to the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust; (b) to the wishes of the person, if any, empowered to appoint new trustees; (c) to the question whether the appointment will promote or impede the execution of the trust; and (d) where there are more beneficiaries than one, to the interests of all such beneficiaries.",
"name": "Rules for selecting new trustees",
"related_acts": "",
"section_id": 90
},
{
"act_id": 47,
"details": "75. Whenever any new trustee is appointed under section 73 or section 74, all the trust-property for the time being vested in the surviving or continuing trustees or trustee, or in the legal representative of any trustee, shall become vested in such new trustee, either solely or jointly with the surviving or continuing trustees or trustee, as the case may require.",
"name": "Vesting of trust-property in new trustees",
"related_acts": "",
"section_id": 91
},
{
"act_id": 47,
"details": "Every new trustee so appointed, and every trustee appointed by a Court, either before or after the passing of this Act, shall have the same powers, authorities and discretions, and shall in all respects act, as if he had been originally nominated a trustee by the author of the trust.",
"name": "Powers of new trustees",
"related_acts": "",
"section_id": 92
},
{
"act_id": 47,
"details": "76. On the death or discharge of one of several co-trustees, the trust survives and the trust-property passes to the others, unless the instrument of trust expressly declares otherwise. CHAPTER VIII OF THE EXTINCTION OF TRUSTS 77. A trust is extinguished,- (a) \twhen its purpose is completely fulfilled; or (b) \twhen its purpose becomes unlawful; or (c) \twhen the fulfilment of its purpose becomes impossible by destruction of the trust-property or otherwise; or (d) \twhen the trust, being revocable, is expressly, revoked. 78. A trust created by will may be revoked at the pleasure of the testator. A trust otherwise created can be revoked only- (a)\twhere all the beneficiaries are competent to contract - by their consent; (b)\twhere the trust has been declared by a non-testamentary instrument or by word of mouth - in exercise of a power of revocation expressly reserved to the author of the trust; or (c)\twhere the trust is for the payment of the debts of the author of the trust, and hgas not been communicated to the creditors - at the pleasure of the author of the trust. Illustration A conveys property to B in trust to sell the same and pay out of the proceeds the claims of A's creditors. A reserves no power of revocation. If no communication has been made to the creditors, A may revoke the trust. But if the creditors are parties to the arrangement, the trust cannot be revoked without their consent. 79. No trust can be revoked by the author of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.",
"name": "Survival of trust",
"related_acts": "",
"section_id": 93
},
{
"act_id": 47,
"details": "77. A trust is extinguished,- (a) \twhen its purpose is completely fulfilled; or (b) \twhen its purpose becomes unlawful; or (c) \twhen the fulfilment of its purpose becomes impossible by destruction of the trust-property or otherwise; or (d) \twhen the trust, being revocable, is expressly, revoked.",
"name": "Trust how extinguished",
"related_acts": "",
"section_id": 94
},
{
"act_id": 47,
"details": "78. A trust created by will may be revoked at the pleasure of the testator. A trust otherwise created can be revoked only- (a)\twhere all the beneficiaries are competent to contract - by their consent; (b)\twhere the trust has been declared by a non-testamentary instrument or by word of mouth - in exercise of a power of revocation expressly reserved to the author of the trust; or (c)\twhere the trust is for the payment of the debts of the author of the trust, and hgas not been communicated to the creditors - at the pleasure of the author of the trust. Illustration A conveys property to B in trust to sell the same and pay out of the proceeds the claims of A's creditors. A reserves no power of revocation. If no communication has been made to the creditors, A may revoke the trust. But if the creditors are parties to the arrangement, the trust cannot be revoked without their consent.",
"name": "Revocation of trust",
"related_acts": "",
"section_id": 95
},
{
"act_id": 47,
"details": "79. No trust can be revoked by the author of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.",
"name": "Revocation not to defeat what trustees have duly done",
"related_acts": "",
"section_id": 96
},
{
"act_id": 47,
"details": "80. An obligation in the nature of a trust is created in the following cases.",
"name": "Where obligation in nature of trust is created",
"related_acts": "",
"section_id": 97
},
{
"act_id": 47,
"details": "81. Where the owner of property transfers or bequeaths it and it cannot be inferred consistently with the attendant circumstances that he intended to dispose of the beneficial interest therein, the transferee or legatee must hold such property for the benefit of the owner or his legal representative. Illustration (a) \tA conveys land to B without consideration and declares no trust of any part. It cannot, consistently with the circumstances under which the transfer is made, be inferred that A intended to transfer the beneficial interest in the land. B holds the land for the benefit of A. (b) \tA conveys to B two fields, Y and Z, and declares a trust of Y, but says nothing about Z. It cannot, consistently with the circumstances under which the transfer is made, be inferred that A intended to transfer the beneficial interest in Z. B holds Z for the benefit of A. (c) \tA transfers certain stock belonging to him into the joint names of himself and B. It cannot, consistently with the circumstances under which the transfer is made, be inferred that A intended to transfer the beneficial interest in the stock during his life. A and B hold the stock for the benefit of A during his life. (d) \tA makes a gift of certain land to his wife B. She takes the beneficial interest in the land free from any trust in favour of A, for it may be inferred from the circumstances that the gift was for B's benefit.",
"name": "Where it does not appear that transferor intended to dispose of beneficial interest",
"related_acts": "",
"section_id": 98
},
{
"act_id": 47,
"details": "82. Where property is transferred to one person for a consideration paid or provided by another person, and it appears that such other person did not intend to pay or provide such consideration for the benefit of the transferee, the transferee must hold the property for the benefit of the person paying or provided the consideration. 16* * *",
"name": "Transfer to one for consideration paid by another",
"related_acts": "",
"section_id": 99
},
{
"act_id": 47,
"details": "83. Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative. Illustrations (a) A conveys certain land to B- “upon trust”, and no trust is declared; or “upon trust to be thereafter declared,” and no such declaration is ever made; or upon trusts that are too vague to be executed; or upon trusts that become incapable of taking effect; or “in trusts for C,” and C renounces his interest under the trust. In each of these cases B holds the land for the benefit of A. (b) \tA transfers Tk. 10,000 in the four per cents. to B, in trust to pay the interest annually accruing due to C for her life. A dies. Then C dies, B holds the fund for the benefit of A's legal representative. (c) \tA conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the maintenance of the worship does not exhaust the second moiety of the proceeds. B holds the first moiety and the part unapplied of the second moiety for the benefit of A or his legal representative. (d) \tA bequeaths Tk. 10,000 to B, to be laid out in buying land to be conveyed for purposes which either wholly or partially fail to take effect. B holds for the benefit of A's legal representative the undisposed of interest in the money or land if purchased.",
"name": "Trust incapable of execution or executed without exhausting trust-property",
"related_acts": "",
"section_id": 100
},
{
"act_id": 47,
"details": "84. Where the owner of property transfers it to another for an illegal purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee, or the effect of permitting the transferee to retain the property might be to defeat the provisions of any law, the transferee must hold the property for the benefit of the transferor.",
"name": "Transfer for illegal purpose",
"related_acts": "",
"section_id": 101
},
{
"act_id": 47,
"details": "85. Where a testator bequeaths certain property upon trust and the purpose of the trust appears on the face of the will to be unlawful, or during the testator's lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee must hold the property for the benefit of the testator's legal representative.",
"name": "Bequest for illegal purpose",
"related_acts": "",
"section_id": 102
},
{
"act_id": 47,
"details": "Where property is bequeathed and the revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of the testator's legal representative.",
"name": "Bequest of which revocation is prevented by coercion",
"related_acts": "",
"section_id": 103
},
{
"act_id": 47,
"details": "86. Where property is transferred in pursuance of a contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter of the consideration actually paid.",
"name": "Transfer pursuant to rescindable contract",
"related_acts": "",
"section_id": 104
},
{
"act_id": 47,
"details": "87. Where a debtor becomes the executor or other legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.",
"name": "Debtor becoming creditor’s representative",
"related_acts": "",
"section_id": 105
},
{
"act_id": 47,
"details": "88. Where a trustee, executor, partner, agent, director of a company, legal adviser, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained. Illustrations (a) \tA, an executor, buys at an undervalue from B, a legatee, his claim under the will. B is ignorant of the value of the bequest. A must hold for the benefit of B the difference between the price and value. (b) \tA, a trustee, uses the trust-property for the purpose of his own business. A holds for the benefit of his beneficiary the profits arising from such user. (c) \tA, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for the benefit of his beneficiary. (d) \tA, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the partnership. (e) \tA, a partner, employed on behalf of himself and his co-partners in negotiating the terms of a lease clandestinely stipulates with the lessor for payment to himself a lakh of Taka. A holds the lakh for the benefit of the partnership. (f)\tA and B are partners. A dies. B, instead of winding up the affairs of the partnership, retains all the assets in the business. B must account to A's legal representative for the profits from A's share of the capital. (g) \tA, an agent employed to obtain a lease for B, obtains the lease for himself. A holds the lease for the benefit of B. (h) \tA, a guardian, buys up for himself incumbrances on his ward B's estate at an undervalue. A holds for the benefit of B the incumbrances so bought, and can only charge him with what he has actually paid.",
"name": "Advantage gained by fiduciary",
"related_acts": "",
"section_id": 106
},
{
"act_id": 47,
"details": "89. Where, by the exercise of undue influence, any advantage is gained in derogation of the interests of another, the person gaining such advantage without consideration, or with notice that such influence has been exercised, must hold the advantage for the benefit of the person whose interests have been so prejudiced.",
"name": "Advantage gained by exercise of undue influence",
"related_acts": "",
"section_id": 107
},
{
"act_id": 47,
"details": "90. Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by availing himself of his position as such, gains an advantage in derogation of the rights of the other persons interested in the property, or where any such owner, as representing all persons interested in such property, gains any advantage, he must hold, for the benefit of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. Illustrations (a) \tA, the tenant for life of leasehold property, renews the lease in this own name and for his own benefit. A holds the renewed lease for the benefit of all those interested in the old lease. (b) \tA village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members. (c) \tA mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to the land being put up for sale and his becoming himself the purchaser of it. The land is accordingly sold to B. Subject to the repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, B holds the land for the benefit of A.",
"name": "Advantage gained by qualified owner",
"related_acts": "",
"section_id": 108
},
{
"act_id": 47,
"details": "91. Where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.",
"name": "Property acquired with notice of existing contract",
"related_acts": "",
"section_id": 109
},
{
"act_id": 47,
"details": "92. Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract.",
"name": "Purchase by person contracting to buy property to be held on trust",
"related_acts": "",
"section_id": 110
},
{
"act_id": 47,
"details": "93. Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained.",
"name": "Advantage secretly gained by one of several compounding creditors",
"related_acts": "",
"section_id": 111
},
{
"act_id": 47,
"details": "94. In any case not coming within the scope of any of the preceding sections, where there is no trust, but the person having possession of property has not the whole beneficial interest therein, he must hold the property for the benefit of the persons having such interest, or the residue thereof (as the case may be), to the extent necessary to satisfy their just demands. Illustrations (a) \tA, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so distributed. (b) \tA by mistake assumes the character of a trustee for B, and under colour of the trust receives certain money. B may compel him to account for such moneys. (c) \tA makes a gift of a lakh of Taka to B, reserving to himself, with B's assent, power to revoke at pleasure the gift as to Tk. 10,000. The gift is void as to Tk. 10,000, and B holds that sum for the benefit of A.",
"name": "Constructive trusts in cases not expressly provided for",
"related_acts": "",
"section_id": 112
},
{
"act_id": 47,
"details": "95. The person holding property in accordance with any of the preceding sections of this Chapter must, so far as may be, perform the same duties, and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the property for the person for whose benefit he hold it: Provided that (a) where he rightfully cultivates the property or employs it in trade or business, he is entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or employment; and (b) where he holds the property by virtue of a contract with a person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the Court, buy or become lessee or mortgagee of the property or any part thereof.",
"name": "Obligor’s duties, liabilities and disabilities",
"related_acts": "",
"section_id": 113
},
{
"act_id": 47,
"details": "96. Nothing contained in this Chapter shall impair the rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the time being in force.",
"name": "Saving of rights of bona fide purchasers",
"related_acts": "",
"section_id": 114
}
],
"text": "1♣An Act to define and amend the law relating to Private Trusts and Trustees. Preamble WHEREAS it is expedient to define and amend the law relating to private trusts and trustees; It is hereby enacted as follows:-"
} |
{
"id": 48,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “It extends to the whole of Bangladesh” were substituted, for the third, fourth, fifth, sixth and seventh paragraphs by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “Nothing herein contained shall be deemed to affect” were substituted, for the first paragraph by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bangladesh\" was substituted, for the words \"a Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words “in Bangladesh” were substituted, for the words “having authority in Pakistan or established beyond the limits of Pakistan by the Central Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Sections 53B, 53C, 53D and 53E were inserted by section 3 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)",
"10 Section 53A was inserted by section 16 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).",
"11 The words and commas “notwithstanding that the contract, though required to be registered, has not been registered, or,” were omitted by section 2 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).",
"12 The words and comma “of the value of one hundred Tk. and upwards,” were omitted by section 4 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).",
"13 Third paragraph was omitted by section 4 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).",
"14 Section 54A was inserted by section 5 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)",
"15 The words “the High Court Division” were substituted, for the words “a High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words “Dhaka, Narayangonj and Chittagong” were substituted, for the word “Karachi” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The word “concerned” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 A colon was substituted, for the full-stop at the end and thereafter the proviso was added by section 6 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)",
"19 Colon was substituted for the full-stop and thereafter the proviso was added by section 2 of the Transfer of Property (Amendment) Act, 2006 (Act No. XXXVI of 2006)",
"20 Section 59A was inserted by section 21 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"21 Sections 60A and 60B were inserted by section 23 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"22 Section 63A was inserted by section 27 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"23 Section 65A was inserted by section 29 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"24 Section 67A was inserted by section 32 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"25 The words, comma and figure “Notwithstanding anything contained in the Trustees’ and Mortgagees’ Powers Act, 1866” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"27 The words, commas and figures “or a scheduled bank as defined in Article 37 of the Bangladesh Bank Order, 1972,” were substituted, for the words, comma, figures and brackets “or a scheduled bank as defined in section 2 of the State Bank of Pakistan Act, 1956 (Act No,. XXXIII of 1956)” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"28 The word “Dhaka” was substituted, for the word “Karachi” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"29 The words “Bangladesh Bank” were substituted, for the words “State Bank of Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"31 Section 114A was inserted by section 58 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929)",
"32 New paragraph was inserted by section 7 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004)",
"33 The comma and words “, or shall be deemed to affect any rule of Muhammadan Law” were omitted by section 8 of the Transfer of Property (Amendment) Act, 2004 (Act No. XXVI of 2004).",
"34 Section 130A was inserted by section 2 of the Transfer of Property (Amendment) Act, 1944 (Act No. VI of 1944).",
"35 Section 135A was inserted by section 4 of the Transfer of Property (Amendment) Act, 1944 (Act No. VI of 1944)"
],
"name": "The Transfer of Property Act, 1882",
"num_of_sections": 171,
"published_date": "17th February, 1882",
"related_act": [
26,
430,
175,
48,
86,
90,
415
],
"repelled": false,
"sections": [
{
"act_id": 48,
"details": "1. This Act may be called the Transfer of Property Act, 1882.",
"name": "Short title",
"related_acts": "48",
"section_id": 1
},
{
"act_id": 48,
"details": "It shall come into force on the first day of July, 1882.",
"name": "Commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 48,
"details": "3It extends to the whole of Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 3
},
{
"act_id": 48,
"details": "2. 4Nothing herein contained shall be deemed to affect- (a) \tthe provisions of any enactment not hereby expressly repealed: (b) \tany terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force: (c) \tany right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability: or (d) \tsave as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction: and nothing in the second chapter of this Act shall be deemed to affect any rule of 5Muslim law.",
"name": "Repeal of Acts\tSaving of certain enactments, incidents, rights, liabilities, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 48,
"details": "3. In this Act, unless there is something repugnant in the subject or context,- “immoveable property” does not include standing timber, growing crops or grass: “instrument” means a non-testamentary instrument: “attested”, in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary: “registered” means registered in 6Bangladesh under the law for the time being in force regulating the registration of documents: “attached to the earth” means- (a) \trooted in the earth, as in the case of trees and shrubs; (b) \timbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached: “Actionable claim” means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent: “a person is said to have notice” of a fact when he actually knows that fact, or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation I.-Where any transaction relating to immoveable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Registration Act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated; Provided that- (1)\tthe instrument has been registered and its registration completed in the manner prescribed by the Registration Act, 1908, and the rules made thereunder, (2)\tthe instrument or memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and (3)\tthe particulars regarding the transaction to which instrument relates have been correctly entered in the indexes kept under section 55 of that Act. Explanation II.-Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Explanation III.-A person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material: Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.",
"name": "Interpretation-clause",
"related_acts": "90,90",
"section_id": 5
},
{
"act_id": 48,
"details": "4. The chapters and sections of this Act which relate to contracts shall be taken as part of the Contract Act, 1872. And sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplement to the Registration Act, 1908.",
"name": "Enactments relating to contracts to be taken as part of contract Act",
"related_acts": "26,90",
"section_id": 6
},
{
"act_id": 48,
"details": "5. In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or associations or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.",
"name": "“Transfer of property” defined",
"related_acts": "",
"section_id": 7
},
{
"act_id": 48,
"details": "6. Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force. (a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. (b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby. (c) An easement cannot be transferred apart from the dominant heritage. (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. (dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred. (e) A mere right to sue cannot be transferred. (f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable. (g) Stipends allowed to military, naval, air-force and civil pensioners of the Government and political pensions cannot be transferred. (h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the Contract Act, 1872, or (3) to a person legally disqualified to be transferee. (i) Nothing in this section shall be deemed to authorise a tenant having an untrasnferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.",
"name": "What may be transferred",
"related_acts": "26",
"section_id": 8
},
{
"act_id": 48,
"details": "7. Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner allowed and prescribed by any law for the time being in force.",
"name": "Persons competent to transfer",
"related_acts": "",
"section_id": 9
},
{
"act_id": 48,
"details": "8. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer; and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.",
"name": "Operation of transfer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 48,
"details": "9. A transfer of property may be made without writing in every case in which a writing is not expressly required by law.",
"name": "Oral transfer",
"related_acts": "",
"section_id": 11
},
{
"act_id": 48,
"details": "10. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him : Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, 7Muslim or Buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.",
"name": "Condition restraining alienation",
"related_acts": "",
"section_id": 12
},
{
"act_id": 48,
"details": "11. Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction. Where any such direction has been made in respect of one piece of immoveable property for the purpose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.",
"name": "Restriction repugnant to interest created",
"related_acts": "",
"section_id": 13
},
{
"act_id": 48,
"details": "12. Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same, such condition or limitation is void. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.",
"name": "Condition making interest determinable on insolvency or attempted alienation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 48,
"details": "13. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. Illustration A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.",
"name": "Transfer for benefit of unborn person",
"related_acts": "",
"section_id": 15
},
{
"act_id": 48,
"details": "14. No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.",
"name": "Rule against perpetuity",
"related_acts": "",
"section_id": 16
},
{
"act_id": 48,
"details": "15. If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14, such interest fails in regard to those persons only and not in regard to the whole class.",
"name": "Transfer to class some of whom come under sections 13 and 14",
"related_acts": "",
"section_id": 17
},
{
"act_id": 48,
"details": "16. Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, any interest created in the same transaction and intended to take effect after or upon failure of such prior interest also fails.",
"name": "Transfer to take effect on failure of prior interest",
"related_acts": "",
"section_id": 18
},
{
"act_id": 48,
"details": "17. (1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than- (a)\tthe life of the transferor, or (b)\ta period of eighteen years from the date of the transfer, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any direction for accumulation for the purpose of- (i)\tthe payment of the debts of the transferor or any other person taking any interest under the transfer, or (ii)\tthe provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer, or (iii)\tthe preservation or maintenance of the property transferred; and such direction may be made accordingly.",
"name": "Direction for accumulation",
"related_acts": "",
"section_id": 19
},
{
"act_id": 48,
"details": "18. The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety, or any other object beneficial to mankind.",
"name": "Transfer in perpetuity for benefit of public",
"related_acts": "",
"section_id": 20
},
{
"act_id": 48,
"details": "19. Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. Explanation.-An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.",
"name": "Vested interest",
"related_acts": "",
"section_id": 21
},
{
"act_id": 48,
"details": "20. Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.",
"name": "When unborn person acquires vested interest on transfer for his benefit",
"related_acts": "",
"section_id": 22
},
{
"act_id": 48,
"details": "21. Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible. Exception.-Where, under a transfer of property, a person becomes entitled to an interest therein upon attaining a particular age, and the transferor also gives to him absolutely the income to arise from such interest before he reaches that age, or directs the income or so much thereof as may be necessary to be applied for his benefit, such interest is not contingent.",
"name": "Contingent interest",
"related_acts": "",
"section_id": 23
},
{
"act_id": 48,
"details": "22. Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age.",
"name": "Transfer to members of a class who attain a particular age",
"related_acts": "",
"section_id": 24
},
{
"act_id": 48,
"details": "23. Where, on transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest falls unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist.",
"name": "Transfer contingent on happening of specified uncertain event",
"related_acts": "",
"section_id": 25
},
{
"act_id": 48,
"details": "24. Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them. C dies during the life of B. D survives B. At B's death the property passes to D.",
"name": "Transfer to such of certain persons as survive at some period not specified",
"related_acts": "",
"section_id": 26
},
{
"act_id": 48,
"details": "25. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed a public policy. Illustrations (a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b) A gives Tk. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead. The transfer is void. (c) A transfers Tk. 500 to B on condition that she shall murder C. The transfer is void. (d) A transfers Tk. 500 to his niece C if she will desert her husband. The transfer is void.",
"name": "Conditional transfer",
"related_acts": "",
"section_id": 27
},
{
"act_id": 48,
"details": "26. Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with. Illustrations (a) A transfers Tk. 5,000 to B on condition that he shall marry with the consent of C, D and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the conditions. (b) A transfers Tk. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.",
"name": "Fulfilment of condition precedent",
"related_acts": "",
"section_id": 28
},
{
"act_id": 48,
"details": "27. Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustrations (a) A transfers Tk. 500 to B on condition that he shall execute a certain lease within three months after A's death, and, if he should neglect to do so, to C. B dies in A's life-time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life-time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.",
"name": "Conditional transfer to one person coupled with transfer to another on failure of prior disposition",
"related_acts": "",
"section_id": 29
},
{
"act_id": 48,
"details": "28. On a transfer of property an interest therein may be created to accrue to any person with the condition superadded that in case a specified uncertain event shall happen such interest shall pass to another person, or that in case a specified uncertain event shall not happen such interest shall pass to another person. In each case the dispositions are subject to the rules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27.",
"name": "Ulterior transfer conditional on happening or not happening of specified event",
"related_acts": "",
"section_id": 30
},
{
"act_id": 48,
"details": "29. An ulterior disposition of the kind contemplated by the last preceding section cannot take effect unless the condition is strictly fulfilled. Illustration A transfers Tk. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, if B dies a minor or marries without C's consent, the Tk. 500 shall go to D. B marries when only 17 years of age, without C's consent. The transfer to D takes effect.",
"name": "Fulfilment of condition subsequent",
"related_acts": "",
"section_id": 31
},
{
"act_id": 48,
"details": "30. If the ulterior disposition is not valid, the prior disposition is not affected by it. Illustration A transfer a farm B for her life, and, if she do not desert her husband, to C. B is entitled to the farm during her life as if no condition had been inserted.",
"name": "Prior disposition not affected by invalidity of ulterior disposition",
"related_acts": "",
"section_id": 32
},
{
"act_id": 48,
"details": "31. Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superadded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life-interest in the farm. (b) A transfers a farm to B, provided that, if B shall not go to England within three years after the date of the transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases.",
"name": "Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen",
"related_acts": "",
"section_id": 33
},
{
"act_id": 48,
"details": "32. In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of the creation of an interest.",
"name": "Such condition must not be invalid",
"related_acts": "",
"section_id": 34
},
{
"act_id": 48,
"details": "33. Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the condition is broken when he renders impossible, permanently or for an indefinite period, the performance of the act.",
"name": "Transfer conditional on performance of act, no time being specified for performance",
"related_acts": "",
"section_id": 35
},
{
"act_id": 48,
"details": "34. Where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, or as a condition on the non-fulfilment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by non-fulfilment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caused by such fraud. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non-fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as against him be deemed to have been fulfilled.",
"name": "Transfer conditional on performance of act, time being specified",
"related_acts": "",
"section_id": 36
},
{
"act_id": 48,
"details": "35. Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him. Illustrations The farm of Ulipur is the property of C and worth Tk. 800. A by an instrument of gift professes to transfer it to B, giving by the same instrument Tk. 1,000 to C. C elects to retain the farm. He forfeits the gift of Tk. 1,000. In the same case, A dies before the election. His representative must out of the Tk. 1,000 pay (Tk.) 800 to B. The rule in the first paragraph of this section applies whether the transferor does or does not believe that which he professes to transfer to be his own. A person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect. A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom. Exception to the last preceding four rules.Where a particular benefit is expressed to be conferred on the owner of the property which the transferor professes to transfer, and such benefit is expressed to be in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he is not bound to relinquish any other benefit conferred upon him by the same transaction. Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives enquiry into the circumstances. Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the person on whom the benefit has been conferred has enjoyed it for two years without doing any act to express dissent. Such knowledge or waiver may be inferred from any act of his which renders it impossible to place the persons interested in the property professed to be transferred in the same condition as if such act had not been done. Illustration A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a coal-mine. C takes possession of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B. If he does not within one year after the date of the transfer signify to the transferor or his representatives his intention to confirm or to dissent from the transfer, the transferor or his representatives may, upon the expiration of that period, require him to make his election; and, if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to confirm the transfer. In case of disability, the election shall be postponed until the disability ceases, or until the election is made by some competent authority.",
"name": "Election when necessary",
"related_acts": "",
"section_id": 37
},
{
"act_id": 48,
"details": "36. In the absence of a contract or local usage to the contrary, all rents, annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof.",
"name": "Apportionment of periodical payments on determination of interest of person entitled",
"related_acts": "",
"section_id": 38
},
{
"act_id": 48,
"details": "37. When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of a contract to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed and that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation, the duty shall be performed for the benefit of such one of the several owners as they shall jointly designate for that purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the Government by notification in the official Gazette so directs. Illustrations (a) A sells to B, C and D a house situate in a village and leased to E at an annual rent of Tk. 30 and delivery of one fat sheep, B having provided half the purchase-money and C and D one-quarter each. E, having notice of this, must pay Tk. 15 to B, Tk. 7› to C, and Tk. 7› to D, and must deliver the sheep according to the joint direction of B, C and D. (b) In the same case, each house in the village being bound to provide ten days' labour each year on a dyke to prevent inundation, E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days' work due on account of the house of each. E is not bound to do more than ten days, work in all, according to such directions as B, C and D may join in giving.",
"name": "Apportionment of benefit of obligation on severance",
"related_acts": "",
"section_id": 39
},
{
"act_id": 48,
"details": "38. Where any person, authorised only under circumstances in their nature variable to dispose of immoveable property, transfers such property for consideration, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the existence of such circumstances, has acted in good faith. Illustration A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is necessary, and, acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed.",
"name": "Transfer by person authorised only under certain circumstances to transfer",
"related_acts": "",
"section_id": 40
},
{
"act_id": 48,
"details": "39. Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immoveable property, and such property is transferred the right may be enforced against the transferee, if he has notice thereof or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands.",
"name": "Transfer where third person is entitled to maintenance",
"related_acts": "",
"section_id": 41
},
{
"act_id": 48,
"details": "40. Where, for the more beneficial enjoyment of his own immoveable property, a third person has, independently of any interest in the immoveable property of another or of any easement thereon, a right to restrain the enjoyment in a particular manner of the latter property, or where a third person is entitled to the benefit of an obligation arising out of contract and annexed to the ownership of immoveable property, but not amounting to an interest therein or easement thereon, such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, nor against such property in his hands. Illustration A contracts to sell Ulipur to B. While the contract is still in force he sells Ulipur to C, who has notice of the contract. B may enforce the contract against C to the same extent as against A.",
"name": "Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement",
"related_acts": "",
"section_id": 42
},
{
"act_id": 48,
"details": "41. Where, with consent, express or implied, of the persons interested in immoveable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make it: provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith.",
"name": "Transfer by ostensible owner",
"related_acts": "",
"section_id": 43
},
{
"act_id": 48,
"details": "42. Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power. Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards A, thinking that such a use has been made, lets the house to C. This operates as a revocation of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value.",
"name": "Transfer by person having authority to revoke former transfer",
"related_acts": "",
"section_id": 44
},
{
"act_id": 48,
"details": "43. Where a person fraudulently or erroneously represents that he is authorised to transfer certain immoveable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists. Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option. Illustration A, a Hindu, who has separated from his father B, sales to C three fields, X, Y and Z, representing that A is authorised to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition; but on B's dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.",
"name": "Transfer by unauthorised person who subsequently acquires interest in property transferred",
"related_acts": "",
"section_id": 45
},
{
"act_id": 48,
"details": "44. Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.",
"name": "Transfer by one co- owner",
"related_acts": "",
"section_id": 46
},
{
"act_id": 48,
"details": "45. Where immoveable property is transferred for consideration to two or more persons, and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they where respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interest in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.",
"name": "Joint transfer for consideration",
"related_acts": "",
"section_id": 47
},
{
"act_id": 48,
"details": "46. Where immoveable property is transferred for consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interest in the property were of equal value, and, where such interests were of unequal value, proportionately to the value of their respective interests. Illustrations (a) A, owning a moiety, and B and C each a quarter share, of mauza Ulipur, exchange an eighth share of that mauza for a quarter share of mauza Mithapukur. There being no agreement to the contrary, A is entitled to an eighth share in Mithapukur, and B and C each to a sixteenth share in that mauza. (b) A, being entitled to a life-interest in mauza Jalkothi and B and C to the reversion, sell the mauza for Tk. 1,000. A's life-interest ascertained to be worth Tk. 600, the reversion Tk. 400. A is entitled to receive Tk. 600 out of the purchase-money, B and C to receive \tTk. 400.",
"name": "Transfer for consideration by persons having distinct interests",
"related_acts": "",
"section_id": 48
},
{
"act_id": 48,
"details": "47. Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and, where they were unequal, proportionately to the extent of such shares. Illustration A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza Ulipur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one-anna share is taken from the share of A, and half an anna share from each of the shares of B and C.",
"name": "Transfer by co-owners of share in common property",
"related_acts": "",
"section_id": 49
},
{
"act_id": 48,
"details": "48. Where a person purports to create by transfer at different times rights in or over the same immoveable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created.",
"name": "Priority of rights created by transfer",
"related_acts": "",
"section_id": 50
},
{
"act_id": 48,
"details": "49. Where immoveable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage by fire, the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually receives under the policy, or so much thereof as may be necessary, to be applied in reinstating the property.",
"name": "Transferee’s right under policy",
"related_acts": "",
"section_id": 51
},
{
"act_id": 48,
"details": "50. No person shall be chargeable with any rents or profits of any immoveable property, which he has in good faith paid or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits. Illustration A lets a field to B at a rent of Tk. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays the rent to A. B is not chargeable with the rent so paid.",
"name": "Rent bona fide paid to holder under defective title",
"related_acts": "",
"section_id": 52
},
{
"act_id": 48,
"details": "51. When the transferee of immoveable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured the transferee, or to sell his interest in the property to the transferee at the then market value thereof, irrespective of the value of such improvement. The amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction. When, under the circumstances aforesaid, the transferee has planted or sown on the property crops which are growing when he is evicted therefrom, he is entitled to such crops and to free ingress and egress to gather and carry them.",
"name": "Improvements made by bona fide holders under defective titles",
"related_acts": "",
"section_id": 53
},
{
"act_id": 48,
"details": "52. During the pendency in any Court 8in Bangladesh, of any suit or proceeding which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose. Explanation.-For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.",
"name": "Transfer of property pending suit relating thereto",
"related_acts": "",
"section_id": 54
},
{
"act_id": 48,
"details": "953B. No immoveable property under a contract for shall be transferred except to the vendee so long the contract subsists, unless the contract is lawfully rescinded, and any transfer made otherwise shall be void.",
"name": "Immoveable Property under a contract for sale not to be transferred",
"related_acts": "",
"section_id": 55
},
{
"act_id": 48,
"details": "53C. No immoveable property shall be sold by a person unless his name, if he is the owner of the property otherwise than by inheritance, or his name or the name of his predecessor, if he is the owner of the property by inheritance, appears in respect of the property in the latest khatian prepared under the State Acquisition and Tenancy Act, 1950, and any sale made otherwise shall be void.",
"name": "Immoveable Property without Khatian not to be sold",
"related_acts": "",
"section_id": 56
},
{
"act_id": 48,
"details": "53D. No immoveable property under registered mortgage shall be re-mortgaged or sold without the written consent of the mortgagee, and any re-mortgage or sale made otherwise shall be void.",
"name": "Immoveable Property under mortgage not to be transferred",
"related_acts": "",
"section_id": 57
},
{
"act_id": 48,
"details": "53E. Every instrument of sale, gift, mortgage and declaration of heba of any immoveable property shall be supported by an affidavit by the executant affirming that he has lawful title to the property.",
"name": "Instrument of transfer to be supported by affidavit",
"related_acts": "",
"section_id": 58
},
{
"act_id": 48,
"details": "53.(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub-section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree-holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall be instituted on behalf, or for the benefit of, all the creditors. (2) Every transfer of immoveable property made without consideration with intent to defraud a subsequent transferee shall be voidable at the option of such transferee. For the purposes of this sub-section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made.",
"name": "Fraudulent transfer",
"related_acts": "",
"section_id": 59
},
{
"act_id": 48,
"details": "1053A. Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, 11* * * where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.",
"name": "Part performance",
"related_acts": "",
"section_id": 60
},
{
"act_id": 48,
"details": "54. “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.",
"name": "“Sale” defined",
"related_acts": "",
"section_id": 61
},
{
"act_id": 48,
"details": "Such transfer, in the case of tangible immoveable property 12* * * or in the case of a reversion or other intangible thing, can be made only by a registered instrument. 13* * *. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.",
"name": "Sale how made",
"related_acts": "",
"section_id": 62
},
{
"act_id": 48,
"details": "A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parities. It does not, of itself, create any interest in or charge on such property.",
"name": "Contract for sale",
"related_acts": "",
"section_id": 63
},
{
"act_id": 48,
"details": "1454A. Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, a contract for sale of any immoveable property can be made only by an instrument in writing and registered under the Registration Act, 1908, whether or not the transferee has taken possession of the property or any part thereof. In a contract for sale of any immoveable property, a time, to be effective from the date of registration, shall be mentioned for execution and registration of the instrument of sale, and if no time is mentioned, six months shall be deemed to be the time.",
"name": "Contract for sale to be registered, etc.",
"related_acts": "90",
"section_id": 64
},
{
"act_id": 48,
"details": "55. In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold: (1) The seller is bound- (a)\tto disclose to the buyer any material defect in the property or in the seller's title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover; (b)\tto produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power; (c)\tto answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto; (d)\ton payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place; (e)\tbetween the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents; (f)\tto give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; (g)\tto pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incum-brances on the property then existing. (2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same: Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it. The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. (3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller's possession or power: Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers, the buyer of the lot of greatest value is entitled to such documents. But in case (a ) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefased, unless prevented from so doing by fire or other inevitable accident. (4) The seller is entitled- (a)\tto the rents and profits of the property till the ownership thereof passes to the buyer; (b)\twhere the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer any transferee without consideration or any transferee with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part from the date on which possession has been delivered. (5) The buyer is bound- (a)\tto disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b)\tto pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from incumbrances, the buyer may retain out of the purchase-money the amount of any incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c)\twhere the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d)\twhere the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbrances subject to which the property is sold, and the interest thereon afterwards accruing due. (6) The buyer is entitled- (a)\twhere the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof; (b)\tunless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, to the extent of the seller's interest in the property for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission. An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.",
"name": "Rights and liabilities of buyer and seller",
"related_acts": "",
"section_id": 65
},
{
"act_id": 48,
"details": "56. If the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person, the buyer is in the absence of a contract to the contrary, entitled to have the mortgage-debt satisfied out of the property or properties not sold to him, so far as the same will extend, but not so as to prejudice the rights of the mortgagee or persons claiming under him or of any other person who has for consideration acquired an interest in any of the properties.",
"name": "Marshalling by subsequent purchaser",
"related_acts": "",
"section_id": 66
},
{
"act_id": 48,
"details": "57. (a) Where immoveable property subject to any incumbrance, whether immediately payable or not, is sold by the Court, or in execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court,- (1)\tin case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property – of such amount as, when invested in securities of the Government, the Court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge, and (2)\tin any other case of a capital sum charged on the property of the amount sufficient to meet the incumbrance and any interest due thereon. But in either case there shall also be paid into Court such additional amount, as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to require a larger additional amount. (b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrancer, unless the Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the property to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court. (c) After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. (d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree. (e) In this section “Court” means (1) 15the High Court Division in the exercise of its ordinary or extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, (3) any other Court which the Government may, from time to time, by notification in the official Gazette, declare to be competent to exercise the jurisdiction conferred by this section.",
"name": "Provision by Court for incumbrance and sale freed therefrom",
"related_acts": "",
"section_id": 67
},
{
"act_id": 48,
"details": "58. (a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.",
"name": "“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined",
"related_acts": "",
"section_id": 68
},
{
"act_id": 48,
"details": "(b) Where, without delivering possession of the mortgaged property, the mortgagor binds himqwself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.",
"name": "Simple mortgage",
"related_acts": "",
"section_id": 69
},
{
"act_id": 48,
"details": "(c) Where the mortgagor ostensibly sells the mortgaged property- on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale;",
"name": "Mortgage by conditional sale",
"related_acts": "",
"section_id": 70
},
{
"act_id": 48,
"details": "(d) Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.",
"name": "Usufructuary mortgage",
"related_acts": "",
"section_id": 71
},
{
"act_id": 48,
"details": "(e) Where the mortgagor binds himself to re-pay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage",
"name": "English mortgage",
"related_acts": "",
"section_id": 72
},
{
"act_id": 48,
"details": "(f) Where a person in the town of 16Dhaka, Narayangonj and Chittagong and in any other town which the Government 17* * * may, by notification in the official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.",
"name": "Mortgage by deposit of title-deeds",
"related_acts": "",
"section_id": 73
},
{
"act_id": 48,
"details": "(g) A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.",
"name": "Anomalous mortgage",
"related_acts": "",
"section_id": 74
},
{
"act_id": 48,
"details": "59. Where the principal money secured is one hundred taka or upwards, a mortgage other than a mortgage by deposit of title-deeds can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses 18: Provided that a mortgage by deposit of title-deeds, where the mortgagee is the Government or a Scheduled Bank as defined in the Bangladesh Bank Order, 1972 or a financial institution as defined in the Financial Institutions Act, 1993, shall also be effected only by a registered instrument in the aforesaid manner 19: Provided further that where in pursuance of a tripartite agreement between a buyer, a seller and a Scheduled Bank or financial institution, the buyer undertakes to buy a flat or floor space to be constructed or a plot of land to be developed by the seller (a real estate owner, firm or company), and the seller undertakes to transfer the flat or floor space or a plot of land, as the case may be, to the buyer by registered instrument upon construction or development, as the case may be, and the Scheduled Bank or financial institution undertakes to pay the price, or part of the price, of the flat or floor space or plot of land to the seller on behalf of the buyer, on condition, among others, that the flat or floor space to be constructed or the plot of land to be developed, and transferred to the buyer, shall be mortgaged to the Scheduled Bank or financial institution by deposit of title-deed as security against the money paid or to be paid to the seller on behalf of the buyer as loan, such mortgage by deposit of title-deed shall not be required to be effected by a registered instrument as aforesaid. Where the principal money secured is less than one hundred taka, a mortgage may be effected either by a registered instrument signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.",
"name": "Mortgage when to be by assurance",
"related_acts": "415",
"section_id": 75
},
{
"act_id": 48,
"details": "2059A. Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title from them respectively.",
"name": "References to mortgagors and mortgagees to include persons deriving title from them",
"related_acts": "",
"section_id": 76
},
{
"act_id": 48,
"details": "60. At any time after the principal money has become due, the mortgagor has a right, on payment or tender, at a proper time and place, or the mortgage-money, to require the mortgagee (a) to deliver to the mortgagor the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee, (b) where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished: Provided that the right conferred by this section has not been extinguished by the act of the parties or by decree of a Court. The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption. Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgagee shall be entitled to reasonable notice before payment or tender of such money.",
"name": "Right of mortgagor to redeem.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 48,
"details": "Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except only where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor.",
"name": "Redemption of portion of mortgaged property",
"related_acts": "",
"section_id": 78
},
{
"act_id": 48,
"details": "2160A. (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment ofwhich he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrancer shall prevail over a requisition of the mortgagor and, as between encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession.",
"name": "Obligation to transfer to third party instead of re-transference to mortgagor",
"related_acts": "",
"section_id": 79
},
{
"act_id": 48,
"details": "60B. A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts or, extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.",
"name": "Right to inspection and production of documents",
"related_acts": "",
"section_id": 80
},
{
"act_id": 48,
"details": "61. A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgagees has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.",
"name": "Right to redeem separately or simultaneously",
"related_acts": "",
"section_id": 81
},
{
"act_id": 48,
"details": "62. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgage,- (a)\twhere the mortgagee is authorised to pay himself the mortgage-money from the rents and profits of the property, - when such money is paid; (b)\twhere the mortgagee is authorised to pay himself from such rents and profits or any part thereof a part only of the mortgage-money – when the term, if any, prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee the mortgage-money or the balance thereof or deposits it in Court as hereinafter provided.",
"name": "Right of usufructuary mortgagor to recover possession",
"related_acts": "",
"section_id": 82
},
{
"act_id": 48,
"details": "63. Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled as against the mortgagee to such accession.",
"name": "Accession to mortgaged property",
"related_acts": "",
"section_id": 83
},
{
"act_id": 48,
"details": "Where such accession has been acquired at the expense of the mortgagee, and is capable of separate possession or enjoy-ment without detriment to the principal property, the mortgagor desiring to take the accession must pay to the mortgagee the expense of acquiring it. If such separate possession or enjoyment is not possible, the accession must be delivered with the property; the mortgagor being liable, in the case of an acquisition necessary to preserve the property from destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an addition to the principal money, with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine percent. per annum. In the case last mentioned the profits, if any, arising from the accession shall be credited to the mortgagor. Where the mortgage is usufructuary and the accession has been acquired at the expense of the mortgagee, the profits, if any, arising from the accession shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money so expended.",
"name": "Accession acquired in virtue of transferred ownership",
"related_acts": "",
"section_id": 84
},
{
"act_id": 48,
"details": "2263A.(1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absenceof a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section (2), be liable to pay the cost thereof. (2) Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contract to the contrary, be liable to pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum, and the profits if any, accruing by reason of the improvement shall be credited to the mortgagor.",
"name": "Improvements to mortgaged property",
"related_acts": "",
"section_id": 85
},
{
"act_id": 48,
"details": "64. Where the mortgaged property is a lease, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease.",
"name": "Renewal of mortgaged lease",
"related_acts": "",
"section_id": 86
},
{
"act_id": 48,
"details": "65. In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee- (a)\tthat the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same; (b)\tthat the mortgagor will defend, or if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagor's title thereto; (c)\tthat the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charge accruing due in respect of the property; (d)\tand, where the mortgaged property is a lease, that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the \tlease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and indemnify the mortgagee against all claims sustained by reason of the non-payment of the said rent or the non-performance or non-observance of the said conditions and contracts; (e)\tand, where the mortgage is a second or subsequent in-cumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior incumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior incumbrance. The benefit of the contracts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.",
"name": "Implied contracts by mortgagor",
"related_acts": "",
"section_id": 87
},
{
"act_id": 48,
"details": "2365A. (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee. (2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage. (b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance. (c) No such lease shall contain a covenant for renewal. (d) Every such lease shall take effect from a date not later than six months from the date on which it is made. (e) In the case of a lease of buildings, whether leased with or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid within a time therein specified. (3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.",
"name": "Mortgagor’s power to lease",
"related_acts": "",
"section_id": 88
},
{
"act_id": 48,
"details": "66. A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act. Explanation.-A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.",
"name": "Waste by mortgagor in possession",
"related_acts": "",
"section_id": 89
},
{
"act_id": 48,
"details": "67. In the absence of a contract to the contrary, the mortgagee has at any time after the mortgage-money has become due to him, and before a decree has been made for the redemption of the mortgaged property, or the mortgage-money has been paid or deposited as hereinafter provided, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred of his right to redeem the property, or a decree that the property be sold. A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure. Nothing in this section shall be deemed- (a) to authorise any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortgagee as such or a mortgagee by conditional sale as such to institute a suit for sale; or (b) to authorise a mortgagor who holds the mortgagee's rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or (c) to authorise the mortgagee of a railway, canal or other work in the maintenance of which the public are interested, to institute a suit for foreclosure or sale; or (d) to authorise a person interested in part only of the mortgage-money to institute a suit relating only to a corresponding part of the mortgaged property, unless the mortgagees have, with the consent of the mortgagor, served their interests under the mortgage.",
"name": "Right to foreclosure or sale",
"related_acts": "",
"section_id": 90
},
{
"act_id": 48,
"details": "2467A. A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortgage-money has become due.",
"name": "Mortgagee when bound to bring one suit on several mortgages",
"related_acts": "",
"section_id": 91
},
{
"act_id": 48,
"details": "68. (1) The mortgagee has a right to sue for the mortgage-money in the following cases and no others, namely:- (a)\twhere the mortgagor binds himself to repay the same; (b)\twhere, by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so; (c)\twhere the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor; (d)\twhere, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor: Provided that, in the case referred to in clause (a), a transferee from the mortgagor or from his legal representative shall not be liable to be sued for the mortgage-money. (2) Where a suit is brought under clause (a) or clause (b) of sub-section (1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property.",
"name": "Right to sue for mortgage-money",
"related_acts": "",
"section_id": 92
},
{
"act_id": 48,
"details": "69.(1) 25* * * a mortgagee, or any person acting on his behalf, shall, subject to the provisions of this section, have power to sell or concur in selling the mortgaged property, or any part thereof, in default of payment of the mortgage-money, without the intervention of the Court, in the following cases and in no others, namely:- (a)\twhere the mortgage is an English mortgage, and neither the mortgagor nor the mortgagee is a Hindu, 26Muslim or Buddhist or a member of any other race, sect, tribe or class from time to time specified in this behalf by the Government, in the official Gazette; (b)\twhere a power of sale with out the intervention of the Court is expressly conferred on the mortgagee by the mortgage-deed and the mortgagee is the Government 27or a scheduled bank as defined in Article 37 of the Bangladesh Bank Order, 1972, and (c)\twhere a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage-deed and the mortgaged property or any part thereof was, on the date of the execution of the mortgage-deed, situate within the town of 28Dhaka, or in any other town or area which the Government may, by notification in the official Gazette, specify in this behalf. (2) A power under sub-section (1) shall not be exercised unless and until. (a)\tnotice in writing requiring payment of the principal money has been served on the mortgagor, or on one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or (b)\tsome interest under the mortgage amounting at least to five hundred Taka is in arrear and unpaid for three months after becoming due: Provided that the power of a scheduled bank under clause (b) of sub-section (1) shall further be subject to such conditions as may be prescribed in this behalf by notification in the official Gazette by the Government in consultation with the 29Bangladesh Bank. (3) When a sale has been made in professed exercise of such a power, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorise the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in damages against the person exercising the power. (4) The money which is received by the mortgagee, arising from the sale, after discharge of prior incumbrances, if any, to which the sale is not made subject, or after payment into Court under section 57 of a sum to meet any prior incumbrance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted sale; and, secondly, in discharge of the mortgage-money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authorised to give receipts for the proceeds of the sale thereof. (5) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Power of sale when valid",
"related_acts": "430",
"section_id": 93
},
{
"act_id": 48,
"details": "69A. (1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof. (2) Any person who has been named, in the mortgage-deed and is willing and able to act as receiver may be appointed by the mortgagee. If no person has been so named, or if all persons named are unable or unwilling to act, or are dead, the mortgagee may appoint any person to whose appointment the mortgagor agrees; failing such agreement, the mortgagee shall be entitled to apply to the Court for the appointment of a receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee. A receiver may at any time be removed by writing signed by or on behalf of the mortgagee and the mortgagor, or by the Court on application made by either party and on due cause shown. A vacancy in the office of receiver may be filled in accordance with the provisions of this sub-section. (3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage-deed otherwise provides or unless such acts or defaults are due to the improper intervention of the mortgagee. (4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, execution or otherwise, in the name either of the mortgagor or of the mortgagee to the full extent of the interest which the mortgagor could dispose of, and to give valid receipts accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgagee in accordance with the provisions of this section. (5) A person paying money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not. (6) The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent. on the gross amount of all money received as is specified in his appointment, and, if no rate is so specified, then at the rate of five per cent. on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for that purpose. (7) The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if any, to which the mortgagee might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature. (8) Subject to the provisions of this Act as to the application of insurance money, the receiver shall apply all money received by him as follows, namely:- (i) \tin discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property; (ii) \tin keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver; (iii) \tin payment of his commission, and of the premiums on fire, life or other insurances, if any, properly payable under the mortgage-deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee; (iv) \tin payment of the interest falling due under the mortgage; (v) \tin or towards discharge of the principal money, if so directed in writing by the mortgagee; and shall pay the residue, if any, of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the mortgaged property. (9) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-sections (3) to (8) inclusive may be varied or extended by the mortgage-deed, and, as so varied or extended, shall, as far as may be, operate in like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in the said sub-sections. (10) Application may be made, without the institution of a suit, to the Court for its opinion, advice or direction on any present question respecting the management or administration of the mortgaged property, other than questions of difficulty or importance not proper in the opinion of the Court for summary disposal. A copy of such application shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court may think fit. The costs of every application under this sub-section shall be in the discretion of the Court. (11) In this section, “the Court” means the Court which would have jurisdiction in a suit to enforce the mortgage.",
"name": "Appointment of receiver",
"related_acts": "",
"section_id": 94
},
{
"act_id": 48,
"details": "70. If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession. Illustrations (a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase. (b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security B is entitled to the house as well as the plot.",
"name": "Accession to mortgaged property",
"related_acts": "",
"section_id": 95
},
{
"act_id": 48,
"details": "71. When the mortgaged property is a lease, and the mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to the new lease.",
"name": "Renewal of mortgaged lease",
"related_acts": "",
"section_id": 96
},
{
"act_id": 48,
"details": "72. A mortgagee may spend such money as is necessary- (a)\tRepealed by section 36 of the Transfer of Property (Amendment) Act, 1929 (Act XX of 1929). (b)\tfor the preservation of the mortgaged property from destruction, forfeiture or sale; (c)\tfor supporting the mortgagor's title to the property; (d)\tfor making his own title thereto good against the mortgagor; and (e)\twhen the mortgaged property is a renewable lease-hold, for the renewal of the lease; and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and where no such rate is fixed, at the rate of nine per cent. per annum: Provided that the expenditure of money by the mortgagee under clause (b) or clause (c) shall not be deemed to be necessary unless the mortgagor has been called upon and has failed to take proper and timely steps to preserve the property or to support the title. Where the property is by its nature insurable, the mortgagee may also, in the absence of a contract to the contrary, insure and keep insured against loss or damage by fire the whole or any part of such property; and the premiums paid for any such insurance shall be added to the principal money with interest at the same rate as is payable on the principal money or, where no such rate is fixed, at the rate of nine per cent. per annum. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgage-deed or (if no such amount is therein specified) two-thirds of the amount that would be required in case of total destruction to reinstate the property insured. Nothing in this section shall be deemed to authorise the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authorised to insure.",
"name": "Rights of mortgagee in possession",
"related_acts": "",
"section_id": 97
},
{
"act_id": 48,
"details": "73. (1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deductions directed by law. (2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894, or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation. (3) Such claims shall prevail against all other claims except those of prior encumbrancers, and may be enforced notwithstanding that the principal money on the mortgage has not become due.",
"name": "Right to proceeds of revenue sale or compensation on acquisition",
"related_acts": "",
"section_id": 98
},
{
"act_id": 48,
"details": "74. Repealed by section 39 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 99
},
{
"act_id": 48,
"details": "75. Repealed by section 39 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 100
},
{
"act_id": 48,
"details": "76. When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property,- (a)\the must manage the property as a person of ordinary prudence would manage it if it were his own; (b)\the must use his best endeavours to collect the rents and profits thereof; (c)\the must, in the absence of a contract to the contrary, out of the income of the property, pay the Government revenue, all other charges of a public nature and all rent accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the property may be summarily sold; (d)\the must, in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c) and the interest on the principal money; (e)\the must not commit any act which is destructive or permanently injurious to the property; (f)\twhere he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply any money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs, in reduction or discharge of the mortgage-money; (g)\the must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported; (h)\this receipts from the mortgaged property, or, where such property is personally occupied by him, a fair occupation-rent in respect thereof, shall, after deducting the expenses properly incurred for the management of the property and the collection of rents and profits and the other expenses mentioned in clauses (c) and (d), and interest thereon, be debited against him in reduction of the amount (if any) from time to time due to him on account of interest and, so far as such receipts exceed any interest due, in reduction or discharge of the mortgage-money; the surplus, if any, shall be paid to the mortgagor; (i)\twhen the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses of this section, account for his receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of Court, as the case may be and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property.",
"name": "Liabilities of mortgagee in possession",
"related_acts": "",
"section_id": 101
},
{
"act_id": 48,
"details": "If the mortgagee fail to perform any of the duties imposed upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure",
"name": "Loss occasioned by his default",
"related_acts": "",
"section_id": 102
},
{
"act_id": 48,
"details": "77. Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal.",
"name": "Receipts in lieu of interest",
"related_acts": "",
"section_id": 103
},
{
"act_id": 48,
"details": "78. Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee.",
"name": "Postponement of prior mortgagee",
"related_acts": "",
"section_id": 104
},
{
"act_id": 48,
"details": "79. If a mortgage made to secure future advances, the performance of an engagement or the balance of a running account, expresses the maximum to be secured thereby, a subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debits not exceeding the maximum, though made or allowed with notice of the subsequent mortgage. Illustration A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his account with them to the extent of Tk. 10,000. A then mortgages Sultanpur to C, to secure Tk. 10,000, C having notice of the mortgage to B & Co., and C gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does not exceed Tk. 5,000. B & Co., subsequently advance to A sums making the balance of the account against him exceed the sum of Tk. 10,000. B & Co., are entitled, to the extent of Tk. 10,000, to priority over C.",
"name": "Mortgage to secure uncertain amount when maximum is expressed",
"related_acts": "",
"section_id": 105
},
{
"act_id": 48,
"details": "80. Repealed by section 41 of the Transfer of Property (Amendment) Act, 1929 (Act No. XX of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 106
},
{
"act_id": 48,
"details": "81. If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage-debt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an interest in any of the properties.",
"name": "Marshalling securities",
"related_acts": "",
"section_id": 107
},
{
"act_id": 48,
"details": "82. Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date. Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid. Nothing in this section applies to a property liable under section 81 to the claim of the subsequent mortgagee.",
"name": "Contribution to mortgage-debt",
"related_acts": "",
"section_id": 108
},
{
"act_id": 48,
"details": "83. At any time after the principal money payable in respect of any mortgage has become due and before a suit for redemption of the mortgaged property is barred, the mortgagor,or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgage, the amount remaining due on the mortgage. The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and on depositing in the same Court the mortgage-deed and all documents in his possession or power relating to the mortgaged property, apply for and receive the money, and the mortgage-deed and all such other documents so deposited shall be delivered to the mortgagor or such other person as aforesaid. Where the mortgagee is in possession of the mortgaged property, the Court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgement in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.",
"name": "Power to deposit in Court money due on mortgage",
"related_acts": "",
"section_id": 109
},
{
"act_id": 48,
"details": "84. When mortgagor or such other person as aforesaid has tendered or deposited in Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or in the case of a deposit, where no previous tender of such amount has been made as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to take such amount out of Court, and the notice required by section 83 has been served on the mortgagee: Provided that, where the mortgagor has deposited such amount without having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal. Nothing in this section or in section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled to reasonable notice before payment or tender of the mortgage-money and such notice has not been given before the making of the tender or deposit, as the case may be.",
"name": "Cessation of interest",
"related_acts": "",
"section_id": 110
},
{
"act_id": 48,
"details": "85. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 111
},
{
"act_id": 48,
"details": "86. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 112
},
{
"act_id": 48,
"details": "87. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 113
},
{
"act_id": 48,
"details": "88. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 114
},
{
"act_id": 48,
"details": "89. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 115
},
{
"act_id": 48,
"details": "90. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 116
},
{
"act_id": 48,
"details": "91. Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely:- (a)\tany person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same; (b)\tany surety for the payment of the mortgage-debt or any part thereof; or (c)\tany creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.",
"name": "Person who may sue for redemption",
"related_acts": "",
"section_id": 117
},
{
"act_id": 48,
"details": "92. Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full.",
"name": "Subrogation",
"related_acts": "",
"section_id": 118
},
{
"act_id": 48,
"details": "93. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.",
"name": "Prohibition of tacking",
"related_acts": "",
"section_id": 119
},
{
"act_id": 48,
"details": "94. Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgage has the same rights against mortgagees posterior to himself as he has against the mortgagor.",
"name": "Rights of mesne mortgagee",
"related_acts": "",
"section_id": 120
},
{
"act_id": 48,
"details": "95. Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co-mortgagors, be entitled to add to the mortgage-money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.",
"name": "Right of redeeming co-mortgagor to expenses",
"related_acts": "",
"section_id": 121
},
{
"act_id": 48,
"details": "96. The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.",
"name": "Mortgage by deposit of title-deeds",
"related_acts": "",
"section_id": 122
},
{
"act_id": 48,
"details": "97. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 123
},
{
"act_id": 48,
"details": "98. In the case of an anomalous mortgage the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.",
"name": "Rights and liabilities of parties to anomalous mortgages",
"related_acts": "",
"section_id": 124
},
{
"act_id": 48,
"details": "99. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 125
},
{
"act_id": 48,
"details": "100. Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge. Nothing in this section applies to the charge of a trustee on the trust-property for expenses properly incurred in the execution of his trust, and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge.",
"name": "Charges",
"related_acts": "",
"section_id": 126
},
{
"act_id": 48,
"details": "101. Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgagee or charge-holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no such subsequent mortgagee or charge-holder shall be entitle to foreclose or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.",
"name": "No merger in case of subsequent encumbrance",
"related_acts": "",
"section_id": 127
},
{
"act_id": 48,
"details": "102. Where the person on or to whom any notice or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property or some part thereof is situate, service or tender on or to an agent holding a general power-of-attorney from such person or otherwise duly authorised to accept such service or tender shall be deemed sufficient. Where no person or agent on whom such notice should be served can be found or is known to the person required to serve the notice, the latter person may apply to any Court in which a suit might be brought for redemption of the mortgaged property, and such Court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient: Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the Court in which the deposit has been made. Where no person or agent to whom such tender should be made can be found or is known to the person desiring to make the tender, the latter person may deposit in any Court in which a suit might be brought for redemption of the mortgaged property the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount.",
"name": "Service or tender on or to agent",
"related_acts": "",
"section_id": 128
},
{
"act_id": 48,
"details": "103. Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of Court by, any person incompetent to contract, such notice may be served on or by, or tender or deposit made, accepted or taken, by the legal curator of the property of such person; but where there is no such curator, and it is requisite or desirable in the interests of such person that a notice should be served or a tender or deposit made under the provisions of this Chapter, application may be made to any Court in which a suit might be brought for the redemption of the mortgage to appoint a guardian ad litem for the purpose of serving or receiving service of such notice, or making or accepting such tender, or making or taking out of Court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contract; and the provisions of Order XXXII in the First Schedule to the Code of Civil Procedure, 1908 shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder.",
"name": "Notice, etc., to or by person incompetent to contract",
"related_acts": "86",
"section_id": 129
},
{
"act_id": 48,
"details": "104. The 30Supreme Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 130
},
{
"act_id": 48,
"details": "105. A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.",
"name": "“Lease” defined",
"related_acts": "",
"section_id": 131
},
{
"act_id": 48,
"details": "The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.",
"name": "\"Lessor\", \"lessee\", \"premium\" and \"rent\" defined",
"related_acts": "",
"section_id": 132
},
{
"act_id": 48,
"details": "106. In the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy. Every notice under this section must be in writing signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.",
"name": "Duration of certain leases in absence of written contract or local usage",
"related_acts": "",
"section_id": 133
},
{
"act_id": 48,
"details": "107. A lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. Where a lease of immoveable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee: Provided that the Government may, from time to time, by notification in the official Gazette, direct that leases of immoveable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.",
"name": "Leases how made",
"related_acts": "",
"section_id": 134
},
{
"act_id": 48,
"details": "108. In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them are applicable to the property leased:- (A) Rights and Liabilities of the Lessor (a)\tThe lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover: (b)\tthe lessor is bound on the lessee's request to put him in possession of the property: (c)\tthe lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption. The benefit of such contract shall be annexed to and go with the lessee's interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. (B) Rights and Liabilities of the Lessee (d)\tIf during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease: (e)\tif by fire, tempest or flood, or violence of an army or of a mob or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void: Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision: (f)\tif the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor: (g)\tif the lessor neglects to make any payment which he is bound to make, and which, if not make by him, is recoverable from the lessee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor: (h)\tthe lessee may even after the determination of the lease remove, at any time whilst he is in possession of the property leased but not afterwards all things which he has attached to the earth: provided he leaves the property in the state in which he received it: (i)\twhen a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property when the lease determines, and to free ingress and egress to gather and carry them: (j)\tthe lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease: nothing in this clause shall be deemed to authorise a tenant having an un-transferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee: (k)\tthe lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest: (l)\tthe lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf: (m)\tthe lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition, and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left: (n)\tif the lessee becomes aware of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor's rights concerning such property, he is bound to give, with reasonable diligence, notice thereof to the lessor: (o)\tthe lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that for which it was leased, or fell or sell timber, pull down or damage buildings belonging to the lessor, or work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto: (p)\the must not, without the lessor's consent, erect on the property any permanent structure, except for agricultural purposes: (q)\ton the determination of the lease, the lessee is bound to put the lessor into possession of the property.",
"name": "Rights and liabilities of lessor and lessee",
"related_acts": "",
"section_id": 135
},
{
"act_id": 48,
"details": "109. If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him: Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee. The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.",
"name": "Rights of lessor’s transferee",
"related_acts": "",
"section_id": 136
},
{
"act_id": 48,
"details": "110. Where the time limited by a lease of immoveable property is expressed as commencing from a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease.",
"name": "Exclusion of day on which term commences",
"related_acts": "",
"section_id": 137
},
{
"act_id": 48,
"details": "Where the time so limited is a year or a number of years, in the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day from which such time commences.",
"name": "Duration of lease for a year",
"related_acts": "",
"section_id": 138
},
{
"act_id": 48,
"details": "Where the time so limited is expressed to be terminable before its expiration, and the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option.",
"name": "Option to determine lease",
"related_acts": "",
"section_id": 139
},
{
"act_id": 48,
"details": "111. A lease of immoveable property determines- (a)\tby efflux of the time limited thereby: (b)\twhere such time is limited conditionally on the happening of some event - by the happening of such event: (c)\twhere the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event - by the happening of such event: (d)\tin case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right: (e)\tby express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them: (f)\tby implied surrender: (g)\tby forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that on breach thereof the lessor may re-enter; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease: (h)\ton the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other. Illustration of clause (f) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.",
"name": "Determination of lease",
"related_acts": "",
"section_id": 140
},
{
"act_id": 48,
"details": "112. A forfeiture under section 111, clause (g), is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting: Provided that the lessor is aware that the forfeiture has been incurred: Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture, such acceptance is not a waiver.",
"name": "Waiver of forfeiture",
"related_acts": "",
"section_id": 141
},
{
"act_id": 48,
"details": "113. A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived. (b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.",
"name": "Waiver of notice to quit",
"related_acts": "",
"section_id": 142
},
{
"act_id": 48,
"details": "114. Where a lease of immoveable property has determined by forfeiture for non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment pass an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred.",
"name": "Relief against forfeiture for non-payment of rent",
"related_acts": "",
"section_id": 143
},
{
"act_id": 48,
"details": "31114A. Where a lease of immoveable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing- (a)\tspecifying the particular breach complained of; and (b)\tif the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent.",
"name": "Relief against forfeiture in certain other cases",
"related_acts": "",
"section_id": 144
},
{
"act_id": 48,
"details": "115. The surrender, express or implied, of a lease of immoveable property does not prejudice an under -lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor. The forfeiture of such a lease annuls all such under -leases except where such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under section 114.",
"name": "Effect of surrender and forfeiture on under-leases",
"related_acts": "",
"section_id": 145
},
{
"act_id": 48,
"details": "116. If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106. Illustrations (a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Tk. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C's lease is renewed from month to month. (b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year.",
"name": "Effect of holding over",
"related_acts": "",
"section_id": 146
},
{
"act_id": 48,
"details": "117. None of the provisions of this Chapter apply to leases for agricultural purposes, except in so far as the Government may, by notification published in the official Gazette, declare all or any of such provisions to be so applicable in the case of all or any of such leases, together with, or subject to, those of the local law, if any, for the time being in force. Such notification shall not take effect until the expiry of six months from the date of its publication.",
"name": "Exemption of leases for agricultural purposes",
"related_acts": "",
"section_id": 147
},
{
"act_id": 48,
"details": "118. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an “exchange”. A transfer of property in completion of an exchange can be made only in manner provided of the transfer of such property by sale.",
"name": "“Exchange” defined",
"related_acts": "",
"section_id": 148
},
{
"act_id": 48,
"details": "119. If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.",
"name": "Right of party deprived of thing received in exchange",
"related_acts": "",
"section_id": 149
},
{
"act_id": 48,
"details": "120. Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes.",
"name": "Rights and liabilities of parties",
"related_acts": "",
"section_id": 150
},
{
"act_id": 48,
"details": "121. On an exchange of money, each party thereby warrants the genuineness of the money given by him.",
"name": "Exchange of money",
"related_acts": "",
"section_id": 151
},
{
"act_id": 48,
"details": "122. “Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.",
"name": "“Gift” defined",
"related_acts": "",
"section_id": 152
},
{
"act_id": 48,
"details": "Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.",
"name": "Acceptance when to be made",
"related_acts": "",
"section_id": 153
},
{
"act_id": 48,
"details": "123. For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. 32Notwithstanding anything contained in any other law for the time being in force, a heba under Muhammadan law shall be deemed to be a gift of immoveable property for the aforesaid purpose. For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery. Such delivery may be made in the same way as goods sold may be delivered",
"name": "Transfer how effected",
"related_acts": "",
"section_id": 154
},
{
"act_id": 48,
"details": "124. A gift comprising both existing and future property is void as to the latter.",
"name": "Gift of existing and future property",
"related_acts": "",
"section_id": 155
},
{
"act_id": 48,
"details": "125. A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted.",
"name": "Gift to several of whom one does not accept",
"related_acts": "",
"section_id": 156
},
{
"act_id": 48,
"details": "126. The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations (a) A gives a field to B, reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. A may take back the field. (b) A gives a lakh of Tk. to B, reserving to himself, with B's assent, the right to take back at pleasure Tk. 10,000, out of the lakh. The gift holds goods as to Tk. 90,000, but is void as to Tk. 10,000, which continue to belong to A.",
"name": "When gift may be suspended or revoked",
"related_acts": "",
"section_id": 157
},
{
"act_id": 48,
"details": "127. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the others are not, burden by an obligation, the donee can take nothing by the gift unless he accepts it fully. Where a gift is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.",
"name": "Onerous gifts.\tOnerous gift to disqualified person.",
"related_acts": "",
"section_id": 158
},
{
"act_id": 48,
"details": "A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound. Illustrations (a) A has shares in X, a prosperous joint stock company, and also shares in Y, a joint stock company, in difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X. (b) A having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, gives to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by this refusal forfeit the money. 128. Subject to the provisions of section 127, where a gift consists of the donor's whole property, the donee is personally liable for all the debts due by and liabilities of the donor at the time of the gift to the extent of the property comprised therein.",
"name": "Onerous gift to disqualified person",
"related_acts": "",
"section_id": 159
},
{
"act_id": 48,
"details": "128. Subject to the provisions of section 127, where a gift consists of the donor's whole property, the donee is personally liable for all the debts due by and liabilities of the donor at the time of the gift to the extent of the property comprised therein.",
"name": "Universal donee",
"related_acts": "",
"section_id": 160
},
{
"act_id": 48,
"details": "129. Nothing in this Chapter relates to gifts of moveable property made in contemplation of death 33* * *.",
"name": "Saving of donations mortis causa and Muhammadan law",
"related_acts": "",
"section_id": 161
},
{
"act_id": 48,
"details": "130. (1) The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not: Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer. (2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit or proceedings and without making him a party thereto. Exception:-Nothing in this section applies to the transfer of a marine or fire policy of insurance or affects the provisions of section 38 of the Insurance Act, 1938. Illustrations (i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132.",
"name": "Transfer of actionable claim",
"related_acts": "175",
"section_id": 162
},
{
"act_id": 48,
"details": "34130A. (1) A policy of marine insurance may be transferred by assignment unless it contains terms expressly prohibiting assignment, and may be assigned either before or after loss. (2) A policy of marine insurance may be assigned by endorsement thereon or in any other customary manner. (3) Where the insured person has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing, expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative: Provided that nothing in this sub-section affects the assignment of the policy after loss. (4) Nothing in clause (e) of section 6 shall affect the provisions of this section.",
"name": "Transfer of policy of marine insurance",
"related_acts": "",
"section_id": 163
},
{
"act_id": 48,
"details": "131. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorised in this behalf, or, in case the transferor refuses to sign, by the transferee or his agent, and shall state the name and address of the transferee.",
"name": "Notice to be in writing, signed",
"related_acts": "",
"section_id": 164
},
{
"act_id": 48,
"details": "132. The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the transfer. Illustrations (i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. In such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer. (ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.",
"name": "Liability of transferee of actionable claim",
"related_acts": "",
"section_id": 165
},
{
"act_id": 48,
"details": "133. Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of such consideration.",
"name": "Warranty of solvency of debtor",
"related_acts": "",
"section_id": 166
},
{
"act_id": 48,
"details": "134. Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable, first, in payment of the costs of such recovery: secondly, in or towards satisfaction of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same.",
"name": "Mortgaged debt",
"related_acts": "",
"section_id": 167
},
{
"act_id": 48,
"details": "135. Every assignee by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him all rights of suit as if the contract contained in the policy had been made with himself.",
"name": "Assignment of rights under policy of insurance against fire",
"related_acts": "",
"section_id": 168
},
{
"act_id": 48,
"details": "35135A. (1) Where a policy of marine insurance has been assigned so as to pass the beneficial interest therein, the assignee of the policy is entitled to sue thereon in his own name; and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the action had been brought in the name of the person by or on behalf of whom the policy was effected. (2) Where the insurer pays for a total loss, either of the whole, or in the case of goods, of any apportionable part, of the subject-matter insured, he thereupon becomes entitled to take over the interest of the insured person in whatever may remain of the subject-matter so paid for, and he is thereby subrogated to all the rights and remedies of the insured person in and in respect of that subject-matter as from the time of the casualty causing the loss. (3) Where the insurer pays for a partial loss, he acquires no title to the subject–matter insured, or such part of it as may remain, but he is thereupon subrogated to all rights and remedies of the insured person as from the time of the casualty causing the loss, in so far as the insured person has been indemnified by such payment for the loss. (4) Nothing in clause (e) of section 6 shall affect the provisions of this section.",
"name": "Assignment of rights under policy of marine insurance",
"related_acts": "",
"section_id": 169
},
{
"act_id": 48,
"details": "136. No Judge, legal practitioner or officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or interest in, any actionable claim, and no Court of Justice shall enforce, at his instance, or at the instance of any person claiming by or through him, any actionable claims, so dealt with by him as aforesaid.",
"name": "Incapacity of officers connected with Courts of Justice",
"related_acts": "",
"section_id": 170
},
{
"act_id": 48,
"details": "137. Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, negotiable, or to any mercantile document of title to goods. Explanation.-The expression “mercantile document of title to goods” includes a bill of lading, dock-warrant, warehouse-keeper's certificate, railway receipt, warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.",
"name": "Saving of negotiable instruments, etc.",
"related_acts": "",
"section_id": 171
}
],
"text": "2♣An Act to amend the law relating to the Transfer of Property by Act of Parties. Preamble WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; It is hereby enacted as follows:-"
} |
{
"id": 49,
"lower_text": [
"1 Section 1A was added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, commas and figure “Limitation Act, 1908, shall” were substituted, for the words, commas and figures “Indian Limitation Act, 1877, or to sections 27 and 28 of Act No. IX of 1871, shall in the territories to which this Act extends,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure “Registration Act, 1908” were substituted, for the words, comma and figure “Indian Registration Act, 1877” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Easements Act, 1882",
"num_of_sections": 79,
"published_date": "17th February, 1882",
"related_act": [
36,
430,
49,
88,
90
],
"repelled": false,
"sections": [
{
"act_id": 49,
"details": "1. This Act may be called the Easements Act, 1882.",
"name": "Short title",
"related_acts": "49",
"section_id": 1
},
{
"act_id": 49,
"details": "11A. This Act shall extend to the whole of Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 49,
"details": "It shall come into force on the first day of July, 1882.",
"name": "Commencement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 49,
"details": "2. Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from- (a)\tany right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation; (b)\tany customary or other right (not being a license) in or over immoveable property which the Government, the public or any person may possess irrespective of other immoveable property; or (c)\tany right acquired, or arising out of a relation created, before this Act comes into force.",
"name": "Savings",
"related_acts": "",
"section_id": 4
},
{
"act_id": 49,
"details": "3. All references in any Act or Regulation to sections 26 and 27 of the 2Limitation Act, 1908, shall be read as made to sections 15 and 16 of this Act.",
"name": "Construction of certain references to Act IX of 1908",
"related_acts": "88",
"section_id": 5
},
{
"act_id": 49,
"details": "4. An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.",
"name": "“Easement” defined",
"related_acts": "",
"section_id": 6
},
{
"act_id": 49,
"details": "The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation.-In the first and second clauses of this section, the expression “land” includes also things permanently attached to the earth: the expression “beneficial enjoyment” includes also possible convenience, remote advantage, and even a mere amenity; and the expression “to do something” includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon. Illustrations (a)\tA, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement. (b)\tA, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household out of a spring therein. This is an easement. (c)\tA, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountains in the garden attached to the house. This is an easement. (d)\tA, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on B's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on E's land. These are easements. (e)\tA dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement. (f)\tA is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.",
"name": "Dominant and servient heritages and owners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 49,
"details": "5. Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a)\tA right annexed to B's house to receive light by the windows without obstruction by his neighbour A. This is a continuous easement. (b)\tA right of way annexed to A's house over B's land. This is a discontinuous easement. (c)\tRights annexed to A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. (d)\tA right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.",
"name": "Continuous and discontinuous, apparent and non-apparent, easements",
"related_acts": "",
"section_id": 8
},
{
"act_id": 49,
"details": "6. An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.",
"name": "Easement for limited time or on condition",
"related_acts": "",
"section_id": 9
},
{
"act_id": 49,
"details": "7. Easements are restrictions of one or other of the following rights (namely):-",
"name": "Easements restrictive of certain rights",
"related_acts": "",
"section_id": 10
},
{
"act_id": 49,
"details": "(a)\tThe exclusive right of every owner of immoveable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto.",
"name": "(a)Exclusive right to enjoy",
"related_acts": "",
"section_id": 11
},
{
"act_id": 49,
"details": "(b)\tThe right of every owner of immoveable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation. Illustrations of the rights above referred to (a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force. (b) The right of every owner of land that the air passing thereto shall not be unreasonably polluted by other persons. (c) The right of every owner of a house that his physical comfort shall not be interfered with materially and unreasonably by noise or vibrations caused by any other person. (d) The right of every owner of land to so much light and air as pass vertically thereto. (e) The right of every owner of land that such land, in its natural condition, shall have the support naturally rendered by the subjacent and adjacent soil of another person. Explanation.-Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and the “subjacent and adjacent soil” mentioned in this illustration means such soil only as in its natural condition would support the dominant heritage in its natural condition. (f) The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons. (g) The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel. (h) The right of every owner of land that the water of every natural stream which passes by, through or over his land in a defined natural channel shall be allowed by other persons to flow within such owner's limits without interruption and without material alteration in quantity, direction, force or temperature; the right of every owner of land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond shall be allowed by other persons to remain within such owner's limit without material alteration in quantity or temperature. (i) The right of every owner of upper land that water naturally rising in, or falling, of such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto. (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume the water for irrigating such land and for the purposes of any manufactory situate thereon: Provided that he does not thereby cause material injury to other like owners. Explanation.-A natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.",
"name": "(b)Rights to advantages arising from situation",
"related_acts": "",
"section_id": 12
},
{
"act_id": 49,
"details": "8. An easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed. Illustrations (a) A is tenant of B's land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter period. (b) A is tenant for his life of certain land with remainder to B absolutely. A cannot, unless with B's consent, impose an easement thereon which will continue after the determination of his life-interest. (c) A, B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on the land or any part thereof. (d) A and B are lessees of the same lessor, A of a field X for a term of five years, and B of a field Y for a term of ten years. A's interest under his lease is transferable; B's is not. A may impose on X, in favour of B, a right of way terminable with A's lease.",
"name": "Who may impose easements",
"related_acts": "",
"section_id": 13
},
{
"act_id": 49,
"details": "9. Subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility. Illustrations (a) A has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of B's stream. B may grant to C the right to divert the water of the stream from noon to sunset: Provided that A's supply is not thereby diminished. (b) A has, in respect of his house, a right of way over B's land. B may grant to C, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: Provided that A's right of way is not thereby obstructed.",
"name": "Servient owners",
"related_acts": "",
"section_id": 14
},
{
"act_id": 49,
"details": "10. Subject to the provisions of section 8, a lessor may impose on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage. Explanation.-A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.",
"name": "Lessor and mortgagor",
"related_acts": "",
"section_id": 15
},
{
"act_id": 49,
"details": "11. No lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.",
"name": "Lessee",
"related_acts": "",
"section_id": 16
},
{
"act_id": 49,
"details": "12. An easement may be acquired by the owner of the immoveable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same. One of two or more co-owners of immoveable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property. No lessee of immoveable property can acquire, for the beneficial enjoyment of other immoveable property of his own, an easement in or over the property comprised in his lease.",
"name": "Who may acquire easements",
"related_acts": "",
"section_id": 17
},
{
"act_id": 49,
"details": "13. Where one person transfers or bequeaths immoveable property to another,- (a)\tif an easement in other immoveable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement; or (b)\tif such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement; (c)\tif an easement in the subject of the transfer or bequest is necessary for enjoying other immoveable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement; or (d)\tif such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. Where a partition is made of the joint property of several persons,- (e)\tif an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or (f)\tif such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. The easements mentioned in this section, clauses (a), (c) and (e), are called easements of necessity. Where immoveable property passes by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee. Illustrations (a) A sells B a field then used for agricultural purposes only. It is in accessible except by passing over A's adjoining land or by trespassing on the land of a stranger. B is entitled to a right of way, for agricultural purposes only, over A's adjoining land to the field sold. (b) A, the owner of two fields sells one to B, and retains the other. The field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to B. A is entitled to a right of way, for agricultural purposes only, over B's field to the field retained. (c) A sells B a house with windows overlooking A's land, which A retains. The light which passes over A's land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. B is entitled to the light, and A cannot afterwards obstruct it by building on his land. (d) A sells B a house with windows overlooking A's land. The light passing over A's land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. Afterwards A sells the land to C. Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in A's hands. (e) A is the owner of a house and adjoining land. The house has windows overlooking the land. A simultaneously sells the house to B and the land to C. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. Here A impliedly grants B a right to the light, and C takes the land subject to the restriction that he may not build so as to obstruct such light. (f) A is the owner of a house and adjoining land. The house has windows overlooking the land. A, retaining the house, sells the land to B, without expressly reserving any easement. The light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A, the owner of a house, sells B a factory built on adjoining land. B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z, B is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale took effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support form A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support form C's building. (k) A grants lands to B for the purpose of building a house thereon. B is entitled to such amount of lateral and subjacent support form A's land as is necessary for the safety of the house. (l) Under the Land Acquisition Act, 1870, a Railway Company compulsorily acquires a portion of B's land for the purpose of making a siding. The Company is entitled to such amount of lateral support from B's adjoining land as is essential for the safety of the siding. (m) Owing to the partition of joint property, A becomes the owner of an upper room in a building, and B becomes the owner of the portion of the building immediately beneath it. A is entitled to such amount of vertical support form B's portion as is essential for the safety of the upper room. (n) A lets a house and grounds to B for a particular business. B has not access to them other than by crossing A's land. B is entitled to a right of way over that land suitable to the business to be carried on by B in the house and grounds.",
"name": "Easements of necessity and quasi easements",
"related_acts": "",
"section_id": 18
},
{
"act_id": 49,
"details": "14. When a right to a way of necessity is created under section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way; but it must be reasonably convenient for the dominant owner. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out.",
"name": "Direction of way of necessity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 49,
"details": "15. Where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, and where support from one person's land or things affixed thereto has been peaceably received by another person's land subjected to artificial pressure or by things affixed thereto, as an easement, without interruption, and for twenty years, and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years, the right to such access and use of light or air, support or other easement shall be absolute. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Explanation I.-Nothing is an enjoyment within the meaning of this section when it has been had in pursuance of an agreement with the owner or occupier of the property over which the right is claimed, and it is apparent from the agreement that such right has not been granted as an easement, or, if granted as an easement, that it has been granted for a limited period, or subject to a condition on the fulfilment of which it is to cease. Explanation II.-Nothing is an interruption within the meaning of this section unless where there is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorizing the same to be made. Explanation III.-Suspension of enjoyment in pursuance of a contract between the dominant and servient owners is not an interruption within meaning of this section. Explanation IV.-In the case of an easement to pollute water, the said period of twenty years begins when the pollution first prejudices perceptibly the servient heritage. When the property over which a right is claimed under this section belongs to the Government, this section shall be read as if, for the words “twenty years” the words “sixty years” were substituted. Illustrations (a) A suit is brought in 1883 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption, from 1st January, 1862, to 1st January, 1882. The plaintiff is entitled to judgment. (b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that for a year of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. The suit shall be dismissed, for the right of way has not been enjoyed “as an easement” for twenty years. (c) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoy the right. The suit shall be dismissed, for the right of way has not been enjoyed “as of right” for twenty years.",
"name": "Acquisition by prescription",
"related_acts": "",
"section_id": 20
},
{
"act_id": 49,
"details": "16. Provided that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation or the said last-mentioned period of twenty years, in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land. A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty five years; but B shows that during ten of these years C had a life-interest in the land; that on C's death B became entitled to the land; and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.",
"name": "Exclusion in favour of reversioner of servient heritage",
"related_acts": "",
"section_id": 21
},
{
"act_id": 49,
"details": "17. Easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights. None of the following rights can be so acquired:- (a)\ta right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed; (b)\ta right to the free passage of light or air to an open space of ground; (c)\ta right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise; (d)\ta right to underground water not passing in a defined channel.",
"name": "Rights which cannot be acquired by prescription",
"related_acts": "",
"section_id": 22
},
{
"act_id": 49,
"details": "18. An easement may be acquired in virtue of a local custom. Such easements are called customary easements. Illustrations (a) By the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture. A, having become the tenant of a plot of uncultivated land in the village, breaks up and cultivates that plot. He thereby acquires an easement to graze his cattle in accordance with the custom. (b) By the custom of a certain town no owner or occupier of a house can open a new window therein so as substantially to invade his neighbour's privacy. A builds a house in the town near B's house. A thereupon acquires an easement that B shall not open new windows in his house so as to command a view of the portions of A's house which are ordinarily excluded from observation, and B acquires a like easement with respect to A's house.",
"name": "Customary easements",
"related_acts": "",
"section_id": 23
},
{
"act_id": 49,
"details": "19. Where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. Illustration A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way vests in B and his legal representative so long as the lease continues.",
"name": "Transfer of dominant heritage passes easement",
"related_acts": "",
"section_id": 24
},
{
"act_id": 49,
"details": "20. The rules contained in this chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed.",
"name": "Rules controlled by contract or title",
"related_acts": "",
"section_id": 25
},
{
"act_id": 49,
"details": "And when any incident of any customary easement is inconsistent with such rules, nothing in this chapter shall affect such incident.",
"name": "Incidents of customary easements",
"related_acts": "",
"section_id": 26
},
{
"act_id": 49,
"details": "21. An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. Illustrations (a) A, as owner of a farm Y, has a right of way over B's land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y. He must not use the easement for the purpose of passing to and from Z. (b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. So, if A lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.",
"name": "Bar to use unconnected with enjoyment",
"related_acts": "",
"section_id": 27
},
{
"act_id": 49,
"details": "22. The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. Illustrations (a) A has a right of way over B's field. A must enter the way at either end and not at any intermediate point. (b) A has a right annexed to his house to cut thatching-grass in B's swamp. A, when exercise his easement, must cut the grass so that the plants may not be destroyed.",
"name": "Exercise of easement\tConfinement of exercise of easement",
"related_acts": "",
"section_id": 28
},
{
"act_id": 49,
"details": "23. Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. Exception:- The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. Illustrations (a) A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the saw-mill into a corn-mill, provided that it can be worked by the same amount of water. (b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This does not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B's land. (c) A, as the owner of a paper-mill, acquires a right to pollute a stream by pouring in the refuse-liquor produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the pollution. (d) A, a riparian owner, acquires, as against the lower riparian owners, a prescriptive right to pollute a stream by throwing sawdust into it. This does not entitle A to pollute the stream by discharging into it poisonous liquor.",
"name": "Right to alter mode of enjoyment",
"related_acts": "",
"section_id": 29
},
{
"act_id": 49,
"details": "24. The dominant owner is entitled, as against the servient owner, to do all acts necessary to secure the full enjoyment of the easement, but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage.",
"name": "Right to do acts to secure enjoyment\tAccessory rights",
"related_acts": "",
"section_id": 30
},
{
"act_id": 49,
"details": "Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights. Illustrations (a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. (b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B's land. (c) A, as owner of a certain house, has a right of way over B's land. The way is out of repair, or a tree is blown down and falls across it. A may enter on B's land and repair the way or remove the tree from it. (d) A, as owner of a certain field, has a right of way over B's land. B renders the way impassable. A may deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable. (e) A, as owner of a certain house, has a right of way over B's field. A may remove rocks to make the way. (f) A has an easement of support from B's wall. The wall gives way. A may enter upon B's land and repair the wall. (g) A has an easement to have his land flooded by means of a dam in B's stream. The dam is half swept away by an inundation. A may enter upon B's land and repair the dam.",
"name": "Accessory rights",
"related_acts": "",
"section_id": 31
},
{
"act_id": 49,
"details": "25. The expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner.",
"name": "Liability for expenses necessary for preservation of easement",
"related_acts": "",
"section_id": 32
},
{
"act_id": 49,
"details": "26. Where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising from the want of repair of such work.",
"name": "Liability for damage from want of repair",
"related_acts": "",
"section_id": 33
},
{
"act_id": 49,
"details": "27. The servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement: but he must not do any act tending to restrict the easement or to render its exercise less convenient. Illustrations (a) A, as owner of a house, has a right to lead water and send sewage through B's land. B is not bound, as servient owner, to clear the water course or scour the sewer. (b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way, provided that B's right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of the grant. (c) A, in respect of his house, is entitled to an easement of support from B's wall. B is not bound, as servient owner, to keep the wall standing and in repair. But he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support. (d) A, in respect of his mill, is entitled to a watercourse through B's land. B must not derive stakes so as to obstruct the watercourse. (e) A, in respect of his house, is entitled to a certain quantity of light passing over B's land. B must not plant trees so as to obstruct the passage to A's windows of that quantity of light.",
"name": "Servient owner not bound to do anything",
"related_acts": "",
"section_id": 34
},
{
"act_id": 49,
"details": "28. With respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect:-",
"name": "Extent of easements",
"related_acts": "",
"section_id": 35
},
{
"act_id": 49,
"details": "An easement of necessity is co-extensive with the necessity as it existed when the easement was imposed.",
"name": "Easement of necessity",
"related_acts": "",
"section_id": 36
},
{
"act_id": 49,
"details": "The extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties and the purpose for which the right was imposed or acquired.",
"name": "Other Easements-",
"related_acts": "",
"section_id": 37
},
{
"act_id": 49,
"details": "In the absence of evidence as to such intention and purpose- (a) \ta right of way of any one kind does not include a right of way of any other kind:",
"name": "(a)\tRight of way",
"related_acts": "",
"section_id": 38
},
{
"act_id": 49,
"details": "(b) \tthe extent of a right to the passage of light or air to a certain window, door or other opening, imposed by a testamentary or non-testamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the non-testamentary instrument was made:",
"name": "(b)\tRight to light or air acquired by grant",
"related_acts": "",
"section_id": 39
},
{
"act_id": 49,
"details": "(c) \tthe extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used:",
"name": "(c) \tPrescriptive right to light or air",
"related_acts": "",
"section_id": 40
},
{
"act_id": 49,
"details": "(d) \tthe extent of a prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user on completion of which the right arose: and",
"name": "(d)\tPrescriptive right to pollute air or water",
"related_acts": "",
"section_id": 41
},
{
"act_id": 49,
"details": "(e) \tthe extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right.",
"name": "(e)\tOther prescriptive rights",
"related_acts": "",
"section_id": 42
},
{
"act_id": 49,
"details": "29. The dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. Where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and, if the dominant heritage is diminished by diluvion, the easement is propor-tionately diminished. Save as aforesaid, no easement is affected by any change in the extent of the dominant or the servient heritage. Illustrations (a) A, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water of a stream. A alters the machinery of his mill. He cannot thereby increase his right to divert water. (b) A has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. A extends his works and thereby increases the quantity discharged. He is responsible to the lower riparian owners for injury done by such increase. (c) A, as the owner of a farm, has a right to take, for the purpose of manuring his farm, leaves which have fallen from the trees on B's land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves to manure this field.",
"name": "Increase of easement",
"related_acts": "",
"section_id": 43
},
{
"act_id": 49,
"details": "30. Where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage: Provided that such annexation is consistent with the terms of the instrument, decree or revenue-proceeding (if any) under which the division was made, and, in the case of prescriptive rights, with the user during the prescriptive period. Illustrations (a) A house to which a right of way by a particular path is annexed is divided into two parts, one of which is granted to A, the other to B. Each is entitled, in respect of his part, to a right of way by the same path. (b) A house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is divided into two distinct heritages, one of which is granted to A, the other to B. A and B are each entitled, in respect of his heritage, to draw from the well fifty buckets a day; but the amount drawn by both must not exceed fifty buckets a day. (c) A, having in respect of his house an easement of light, divides the house into three distinct heritages. Each of these continues to have the right to have its windows unobstructed.",
"name": "Partition of dominant heritage",
"related_acts": "",
"section_id": 44
},
{
"act_id": 49,
"details": "31. In the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. Illustration A, having a right to the free passage over B's land of light to four windows, six feet by four, increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.",
"name": "Obstruction in case of excessive user",
"related_acts": "",
"section_id": 45
},
{
"act_id": 49,
"details": "32. The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person. Illustration A, as owner of a house, has a right of way over B's land. C, unlawfully enters on B's land, and obstructs A in his right of way. A may sue C for compensation, not for the entry, but for the obstruction.",
"name": "Right to enjoyment without disturbance",
"related_acts": "",
"section_id": 46
},
{
"act_id": 49,
"details": "33. The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto; provided that the disturbance has actually caused substantial damage to the plaintiff. Explanation I.- The doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34. Explanation II.- Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit. Explanation III.- Where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health. Illustrations (a) A places a permanent obstruction in a path over which B, as tenant of C's house, has a right of way. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. (b) A, as owner of a house, has a right to walk along one side of B's house. B builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using the way. This is not substantial damage to A.",
"name": "Suit for disturbance of easement",
"related_acts": "",
"section_id": 47
},
{
"act_id": 49,
"details": "34. The removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation unless and until substantial damage is actually sustained.",
"name": "When cause of action arises for removal of support",
"related_acts": "",
"section_id": 48
},
{
"act_id": 49,
"details": "35. Subject to the provisions of the Specific Relief Act, 1877, sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement- (a)\tif the easement is actually disturbed-when compensation for such disturbance might be recovered under this chapter: (b)\tif the disturbance is only threatened or intended-when the act threatened or intended must necessarily, if performed, disturb the easement.",
"name": "Injunction to restrain disturbance",
"related_acts": "36",
"section_id": 49
},
{
"act_id": 49,
"details": "36. Notwithstanding the provisions of section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement.",
"name": "Abatement of obstruction of easement",
"related_acts": "",
"section_id": 50
},
{
"act_id": 49,
"details": "37. When, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished. Exception.-Nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with section 10. Illustrations (a) A transfers Ulipur to B on condition that he does not marry C. B imposes an easement on Ulipur. Then B marries C. B's interest in Ulipur ends, and with it the easement is extinguished. (b) A, in 1860, let Ulipur to B for thirty years from the date of the lease. B, in 1861, imposes an easement on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption for twenty-nine years. B's interest in Ulipur then ends, and with it C's easement. (c) A and B, tenants of C, have permanent transferable interests in their respective holdings. A imposes on his holding an easement to draw water from a tank for the purpose of irrigating B's land. B enjoys the easement for twenty years. Then A's rent falls into arrear and his interest is sold. B's easement is extinguished. (d) A mortgages Ulipur to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished.",
"name": "Extinction by dissolution of right of servient owner",
"related_acts": "",
"section_id": 51
},
{
"act_id": 49,
"details": "38. An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.-An easement is impliedly released- (a)\twhere the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b)\twhere any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.- Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations (a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C, releases the easement. This release is effectual only as against A and his legal representative. (b) A grants B and easement over A's land for the beneficial enjoyment of his house. B assigns the house to C. B then purports to release the easement. The release is ineffectual. (c) A, having the right to discharge his eavesdroppings into B's yard, expressly authorises B to build over this yard to a height which will interfere with the discharge. B builds accordingly. A's easement is extinguished to the extent of the interference. (d) A, having an easement of light to a window, builds up that window with bricks and mortar so as to manifest an intention to abandon the easement permanently. The easement is impliedly released. (e) A, having a projecting roof by means of which he enjoys an easement to discharge eavesdroppings on B's land, permanently alters the roof so as to direct the rain-water into a different channel and discharge it on C's land. The easement is impliedly released.",
"name": "Extinction by release",
"related_acts": "",
"section_id": 52
},
{
"act_id": 49,
"details": "39. An easement is extinguished when the servient owner in exercise of a power reserved in this behalf, revokes the easement.",
"name": "Extinction by revocation",
"related_acts": "",
"section_id": 53
},
{
"act_id": 49,
"details": "40. An easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled.",
"name": "Extinction on expiration of limited period or happening of dissolving condition",
"related_acts": "",
"section_id": 54
},
{
"act_id": 49,
"details": "41. An easement of necessity is extinguished when the necessity comes to an end. Illustration A grants B a field inaccessible except by passing over A's adjoining land. B afterwards purchases a part of that land over which he can pass to his field. The right of way over A's land which B had acquired is extinguished.",
"name": "Extinction on termination of necessity",
"related_acts": "",
"section_id": 55
},
{
"act_id": 49,
"details": "42. An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner.",
"name": "Extinction of useless easement",
"related_acts": "",
"section_id": 56
},
{
"act_id": 49,
"details": "43. Where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished, unless- (a)\tit was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used; or (b)\tthe injury caused to the servient owner by the change is so slight that no reasonable person would complain of it; or (c)\tthe easement is an easement of necessity. Nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.",
"name": "Extinction by permanent change in dominant heritage",
"related_acts": "",
"section_id": 57
},
{
"act_id": 49,
"details": "44. An easement is extinguished where the servient heritage is by superior force so permanently altered that the dominant owner can no longer enjoy such easement: Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage; and the provisions of section 14 apply to such way. Illustrations (a) A grants to B, as the owner of a certain house, a right to fish in a river running through A's land. The river changes its course permanently and runs through C's land. B's easement is extinguished. (b) Access to path over which A has a right of way is permanently cut off by an earthquake. A's right is extinguished.",
"name": "Extinction on permanent alteration of servient heritage by superior force",
"related_acts": "",
"section_id": 58
},
{
"act_id": 49,
"details": "45. An easement is extinguished when either the dominant or the servient heritage is completely destroyed. Illustration A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.",
"name": "Extinction by destruction of either heritage",
"related_acts": "",
"section_id": 59
},
{
"act_id": 49,
"details": "46. An easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. Illustrations (a) A, as the owner of a house, has a right of way over B's field. A mortgages his house and B mortgages his field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The right of way is extinguished. (b) The dominant owner acquires only part of the servient heritage: The easement is not extinguished, except in the case illustrated in section 41. (c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not extinguished. (d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages: the easements are not extinguished. (e) The joint owners of the dominant heritage jointly acquire the servient heritage: the easement is extinguished. (f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished . (g) A has a right of way over B's road. B dedicates the road to the public. A's right of way is not extinguished.",
"name": "Extinction by unity of ownership",
"related_acts": "",
"section_id": 60
},
{
"act_id": 49,
"details": "47. A continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years. A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. Such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and, in the case of a discontinuous easement, from the day on which it was last enjoyed by any person as dominant owner: Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the 3Registration Act, 1908, a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration. Where an easement can be legally enjoyed only at a certain place, or at certain times or between certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at other times, or between other hours, or for another purpose, does not prevent its extinction under this section. The circumstances that, during the said period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section. An easement is not extinguished under this section- (a)\twhere the cessation is in pursuance of a contract between the dominant and servient owners; (b)\twhere the dominant heritage is held in co-ownership, and one of the co-owners enjoys the easement within the said period, or (c)\twhere the easement is a necessary easement. Where several heritages are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. Illustration A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening heritage Y. Before the twenty years expire, A exercises his right of way over X. His rights of way over Y and Z are not extinguished.",
"name": "Extinction by non-enjoyment",
"related_acts": "90",
"section_id": 61
},
{
"act_id": 49,
"details": "48. When an easement is extinguished, the rights (if any) accessory thereto are also extinguished. Illustration A has an easement to draw water from B's well. As accessory thereto he has a right of way over B's land to and from the well. The easement to draw water is extinguished under section 47. The right of way is also extinguished.",
"name": "Extinction of accessory rights",
"related_acts": "",
"section_id": 62
},
{
"act_id": 49,
"details": "49. An easement is suspended when the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein, or when the servient owner becomes entitled to possession of the dominant heritage for a limited interest therein.",
"name": "Suspension of easement",
"related_acts": "",
"section_id": 63
},
{
"act_id": 49,
"details": "50. The servient owner has no right to require that an easement be continued; and, notwithstanding the provisions of section 26, he is not entitled to compensation for damage caused to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expenses, to protect the servient heritage from such damage.",
"name": "Servient owner not entitled to require continuance",
"related_acts": "",
"section_id": 64
},
{
"act_id": 49,
"details": "Where such notice has not been given, the servient owner is entitled to compensation for damage caused to the servient heritage in consequence of such extinguishment or suspension. Illustration A, in exercise of an easement, diverts to his canal the water of B's stream. The diversion continues for many years, and during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient course. B's land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that A gave B a month's notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without unreasonable expense, to have prevented the damage. The suit must be dismissed.",
"name": "Compensation for damage caused by extinguishment or suspension",
"related_acts": "",
"section_id": 65
},
{
"act_id": 49,
"details": "51. An easement extinguished under section 45 revives (a) when the destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; (b) when the destroyed heritage is a servient building and before twenty years have expired such building is rebuilt upon the same site; and (c) when the destroyed heritage is a dominant building and before twenty years have expired such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servient heritage. An easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent Court. A necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause. A suspended easement revives if the cause of suspension is removed before the right is extinguished under section 47. Illustration A, as the absolute owner of field Y, has a right of way thither over B's field Z. A obtains from B a lease of Z for twenty years. The easement is suspended so long as A remains lessee of Z. But when A assigns the lease to C, or surrenders it to B, the right of way revives.",
"name": "Revival of easements",
"related_acts": "",
"section_id": 66
},
{
"act_id": 49,
"details": "52. Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immoveable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.",
"name": "“License” defined",
"related_acts": "",
"section_id": 67
},
{
"act_id": 49,
"details": "53. A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.",
"name": "Who may grant license",
"related_acts": "",
"section_id": 68
},
{
"act_id": 49,
"details": "54. The grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.",
"name": "Grant may be express or implied",
"related_acts": "",
"section_id": 69
},
{
"act_id": 49,
"details": "55. All licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. Such licenses are called accessory licenses. Illustration A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees.",
"name": "Accessory licenses annexed by law",
"related_acts": "",
"section_id": 70
},
{
"act_id": 49,
"details": "56. Unless a different intention is expressed or necessarily implied, a license to attend a place of public entertainment may be transferred by the licensee; but, save as aforesaid, a license cannot be transferred by the licensee or exercised by his servants or agents. Illustrations (a) A grants B a right to walk over A's field whenever he pleases. The right is not annexed to any immoveable property of B. The right cannot be transferred. (b) The Government grant B a license to erect and use temporary grain- sheds on Government land. In the absence of express provision to the contrary, B's servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.",
"name": "License when transferable",
"related_acts": "",
"section_id": 71
},
{
"act_id": 49,
"details": "57. The grantor of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grantor is, and the licensee is not, aware.",
"name": "Grantor’s duty to disclose defects",
"related_acts": "",
"section_id": 72
},
{
"act_id": 49,
"details": "58. The grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee.",
"name": "Grantor’s duty not to render property unsafe",
"related_acts": "",
"section_id": 73
},
{
"act_id": 49,
"details": "59. When the grantor of the license transfers the property affected thereby, the transferee is not as such bound by the license.",
"name": "Grantor’s transferee not bound by license",
"related_acts": "",
"section_id": 74
},
{
"act_id": 49,
"details": "60. A license may be revoked by the grantor, unless- (a) it is coupled with a transfer of property and such transfer is in force: (b) the licensee, acting upon the license, has executed a work of a permanent character and incurred expenses in the execution.",
"name": "License when revocable",
"related_acts": "",
"section_id": 75
},
{
"act_id": 49,
"details": "61. The revocation of a license may be express or implied. Illustrations (a) A, the owner of a field, grants a license to B to use a path across it. A, with intent to revoke the license, locks a gate across the path. The license is revoked. (b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C. The license is revoked.",
"name": "Revocation express or implied",
"related_acts": "",
"section_id": 76
},
{
"act_id": 49,
"details": "62. A license is deemed to be revoked- (a)\twhen, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the license: (b)\twhen the licensee releases it, expressly or impliedly to the grantor or his representative: (c)\twhere it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires or the condition is fulfilled: (d)\twhere the property affected by the license is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right: (e)\twhere the licensee becomes entitled to the absolute ownership of the property affected by the license: (f)\twhere the license is granted for a specified purpose and the purpose is attained, or abandoned, or becomes impracticable: (g)\twhere the license is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist: (h)\twhere the license totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee: (i)\tin the case of an accessory license, when the interest or right to which it is accessory ceases to exist.",
"name": "License when deemed revoked",
"related_acts": "",
"section_id": 77
},
{
"act_id": 49,
"details": "63. Where a license is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property.",
"name": "Licensee’s rights on revocation",
"related_acts": "",
"section_id": 78
},
{
"act_id": 49,
"details": "64. Where a license has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the license, the right for which he contracted, he is entitled to recover compensation from the grantor.",
"name": "Licensee’s rights on eviction",
"related_acts": "",
"section_id": 79
}
],
"text": "An Act to define and amend the Law relating to Easements and Licenses. Preamble WHEREAS it is expedient to define and amend the law relating to easements and licenses; It is hereby enacted as follows:-"
} |
{
"id": 50,
"lower_text": [
"1 The word “Bangladesh” was substituted, for the word “Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “High Court Division” were substituted, for the words “High Court within the local limits of whose jurisdiction the instrument may be” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word “Government” was substituted, for the words “Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Powers-of-Attorney Act, 1882",
"num_of_sections": 6,
"published_date": "24th February, 1882",
"related_act": [
50,
430
],
"repelled": true,
"sections": [
{
"act_id": 50,
"details": "1. This Act may be called the Powers-of-Attorney Act, 1882. It extends to the whole of 1Bangladesh; and it shall come into force on the first day of May, 1882.",
"name": "Short titleLocal extentCommencement",
"related_acts": "50",
"section_id": 1
},
{
"act_id": 50,
"details": "2. The donee of a power-of-attorney may, if he thinks fit, execute or do any assurance, instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every assurance, instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. This section applies to powers-of-attorney created by instruments executed either before or after this Act comes into force.",
"name": "Execution under power-of-attorney",
"related_acts": "",
"section_id": 2
},
{
"act_id": 50,
"details": "3. Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become lunatic, of unsound mind, or bankrupt, or insolvent, or had revoked the power, if the fact of death, lunacy, unsoundness of mind, bankruptcy, insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. This section applies only to payments and acts made or done after this Act comes into force.",
"name": "Payment by attorney under power, without notice of death, etc., good",
"related_acts": "",
"section_id": 3
},
{
"act_id": 50,
"details": "4. (a) An instrument creating a power-of-attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the 2High Court Division. (b) A separate file of instruments so deposited shall be kept; and any person may search that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request. (c) A copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the 3High Court Division. (e) The 4Supreme Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the 5Government, the fees to be taken under clauses (a), (b) and (c). (f) Repealed by section 48 of the Lower Burma Courts Act, 1900 (Act No. VI of 1900). (g) This section applies to instruments creating powers-of-attorney executed either before or after this Act comes into force.",
"name": "Deposit of original instruments creating powers-of-attorney",
"related_acts": "",
"section_id": 4
},
{
"act_id": 50,
"details": "5. A married woman, whether a minor or not, shall, by virtue of this Act, have power, as if she were unmarried and of full age, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non-testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of-attorney, shall apply thereto. This section applies only to instruments executed after this Act comes into force.",
"name": "Power of attorney of married women",
"related_acts": "",
"section_id": 5
},
{
"act_id": 50,
"details": "6. Repealed by the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to amend the law relating to Powers-of-Attorney Preamble For the purpose of amending the law relating to Powers-of-Attorney; It ishereby enacted as follows:-"
} |
{
"id": 51,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Land Improvement Loans Act, 1883",
"num_of_sections": 13,
"published_date": "12th October, 1883",
"related_act": [
51,
430
],
"repelled": false,
"sections": [
{
"act_id": 51,
"details": "1. (1) This Act may be called the Land Improvement Loans Act, 1883.",
"name": "Short title",
"related_acts": "51",
"section_id": 1
},
{
"act_id": 51,
"details": "(2) It extends to the whole of Bangladesh, but shall not come into force in any part thereof until such date as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 51,
"details": "2. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 51,
"details": "3. In this Act, “Collector” means the Collector of land revenue of a district, or the Deputy Commissioner, or any officer empowered by the Government by name or by virtue of his office to discharge the functions of a Collector under this Act.",
"name": "“Collector” defined",
"related_acts": "",
"section_id": 4
},
{
"act_id": 51,
"details": "4. (1) Subject to such rules as may be made under Section 10, loans may be granted under this Act, by such officer as may, from time to time, be empowered in this behalf by the Government, for the purpose of making any improvement, to any person having a right to make that improvement, or, with the consent of that person, to any other person. (2) “Improvement” means any work which adds to the letting value of a land, and includes the following, namely:- (a)\tthe construction of wells, tanks and other works for the storage, supply or distribution of water for the purpose of agriculture, or for the use of men and cattle employed in agriculture; (b)\tthe preparation of land for irrigation; (c)\tthe drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or waste-land which is culturable; (d)\tthe reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes; (e)\tthe renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; and (f)\tsuch other works as the Government may, from time to time, by notification in the official Gazette, declare to be improvements for the purposes of this Act.",
"name": "Purposes for which loans may be granted under this Act",
"related_acts": "",
"section_id": 5
},
{
"act_id": 51,
"details": "5. (1) When an application for a loan is made under this Act, the officer to whom the application is made may, if it is, in his opinion, expedient that public notice be given of the application, publish a notice, in such manner as the Government may, from time to time, direct, calling upon all persons objecting to the loan to appear before him at a time and place fixed therein and submit their objections. (2) The officer shall consider every objection submitted under sub-section (1), and make an order in writing either admitting or overruling it: Provided that, when the question raised by an objection is, in the opinion of the officer, one of such a nature that it cannot be satisfactorily decided except by a Civil Court, he shall post-pone his proceedings on the application until the question has been so decided.",
"name": "Mode of dealing with applications for loans",
"related_acts": "",
"section_id": 6
},
{
"act_id": 51,
"details": "6. (1) Every loan granted under this Act shall be made repayable by instalments (in the form of an annuity or otherwise), within such period from the date of the actual advance of the loan, or, when the loan is advanced in instalments, from the date of the advance of the last instalment actually paid as may, from time to time, be fixed by the rules made under this Act. (2) The period fixed as aforesaid shall not ordinarily exceed thirty-five years. (3) The Government in making the rules fixing the period, shall, in considering whether the period should extend to thirty-five years, or whether it should extend beyond thirty-five years, have regard to the durability of the work for the purpose of which the loan is granted, and to the expediency of the cost of the work being paid by the generation of persons who will immediately benefit by the work.",
"name": "Period for repayment of loans",
"related_acts": "",
"section_id": 7
},
{
"act_id": 51,
"details": "7. (1) Subject to such rules as may be made under section 10, all loans granted under this Act, all interest (if any) chargeable thereon, and costs (if any) incurred in making the same, shall, when they become due, be recoverable by the Collector in all or any of the following modes, namely:- (a)\tfrom the borrower-as if they were arrears of land revenue due by him; (b)\tfrom his surety (if any) - as if they were arrears of land-revenue due by him; (c)\tout of the land for the benefit of which the loan has been granted- as if they were arrears of land-revenue due in respect of that land; (d)\tout of the property comprised in the collateral security (if any)- according to the procedure for the realisation of land-revenue by the sale of immoveable property other than the land on which that revenue is due: Provided that no proceeding in respect of any land under clause (c) shall affect any interest in that land which existed before the date of the order granting the loan, other than the interest of the borrower, and of mortgagees of, or persons having charges on, that interest, and, where the loan is granted under section 4 with the consent of another person, the interest of that person, and of mortgagees of, or persons having charges on, that interest. (2) When any sum due on account of any such loan, interest or costs is paid to the Collector by a surety or an owner of property comprised in any collateral security, or is recovered under sub-section (1) by the Collector from a surety or out of any such property, the Collector shall, on the application of the surety or the owner of that property (as the case may be), recover that sum on his behalf from the borrower, or out of the land for the benefit of which the loan has been granted, in manner provided by sub-section (1). (3) It shall be in the discretion of a Collector acting under this section to determine the order in which he will resort to the various modes of recovery permitted by it.",
"name": "Recovery of loans",
"related_acts": "",
"section_id": 8
},
{
"act_id": 51,
"details": "8. A written order under the hand of an officer empowered to make loans under this Act granting a loan to, or with the consent of, a person mentioned therein, for the purpose of carrying out a work described therein, for the benefit of land specified therein, shall, for the purposes of this Act, be conclusive evidence- (a)\tthat the work described is an improvement within the meaning of this Act; (b)\tthat the person mentioned had at the date of the order a right to make such an improvement; and (c)\tthat the improvement is one benefiting the land specified.",
"name": "Order granting loan conclusive on certain points",
"related_acts": "",
"section_id": 9
},
{
"act_id": 51,
"details": "9. When a loan is made under this Act to the members of a village-community or to any other persons on such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed by each of them and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.",
"name": "Liability of joint borrowers as among themselves",
"related_acts": "",
"section_id": 10
},
{
"act_id": 51,
"details": "10. The Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act to provide for the following matters, namely:- (a)\tthe manner of making applications for loans; (b)\tthe officers by whom loans may be granted; (c)\tthe manner of conducting inquiries relative to applications for loans, and the powers to be exercised by officers conducting those inquiries; (d)\tthe nature of the security to be taken for the due application and repayment of the money, the rate of interest at which, and the conditions under which, loans may be granted, and the manner and time of granting loans; (e)\tthe inspection of works for which loans have been granted; (f)\tthe instalments by which, and the mode in which, loans, the interest to be charged on them and the costs incurred in the making thereof, shall be paid; (g)\tthe manner of keeping and auditing the accounts of the expenditure of loans and of the payments made in respect of the same; and (h)\tall other matters pertaining to the working of the Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 51,
"details": "11. When land is improved with the aid of a loan granted under this Act, the increase in value derived from the improvement shall not be taken into account in revising the assessment of land-revenue on the land: Provided as follows:- (1)\twhere the improvement consists of the reclamation of waste-land, or of the irrigation of land assessed at unirrigated rates, the increase may be so taken into account after the expiration of such period as may be fixed by rules to be framed by the Government; (2)\tnothing in this section shall entitle any person to call in question any assessment of land-revenue otherwise than as it might have been called in question if this Act had not been passed.",
"name": "Exemption of improvements from assessment to land-revenue",
"related_acts": "",
"section_id": 12
},
{
"act_id": 51,
"details": "12. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 13
}
],
"text": "1♠An Act to consolidate and amend the law relating to loans of money by the Government for agricultural improvements. WHEREAS it is expedient to consolidate and amend the law relating to loans of money by the Government for agricultural improvements; It is hereby enacted as follows:-"
} |
{
"id": 52,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “Pakistan”, “appropriate Government” or “appropriate Government or any Provincial Government” or “Central Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words and comma “air, sea” were substituted, for the word “sea” by section 2 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987)",
"3 Clause 7 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The proviso was substituted, for the former proviso by section 3 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987)",
"5 The words and commas “use, sale, transportation” were inserted by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"6 The word “sea” was omitted by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"7 The words “port or border check-post” were substituted, for the word “port” by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"8 The words “vessel or carriage” were substituted, for the word “vessel” by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"9 The word “sea” was omitted by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"10 The words “vessel or carriage” were substituted, for the word “vessel” by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"11 The word “sea” was omitted by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"12 The words “vessel or carriage” were substituted, for the word “vessel” by section 4 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987).",
"13 Sub-section (3) was substituted, for the former sub-section (3) by the Explosives (Amendment) Act, 1987 (Act No. XX of 1987), section 4.",
"14 Sub-section (2) was substituted, for the former sub-section (2) by section 5 of the Explosives (Amendment) Act, 1987 (Act No. XX of 1987)",
"15 Sections 9 and 9A were substituted, for section 9 by the Explosives (Amendment) Ordinance, 1945 (Ordinance No. XVIII of 1945)",
"16 The words and commas “or, in the Dacca Metropolitan Area, the Police Commissioner” were inserted by section 12 and Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).",
"17 The letter and words “a Metropolitan Area” were substituted, for the words “the Dacca Metropolitan Area” by second Schedule of the Chittagong Metropolitan Police (Amendment) Ordinance, 1978 (Ordinance No. XLVIII of 1978).",
"18 The words, letter and commas “or a police officer, as the case may be,” were inserted by section 12 and Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1978).",
"19 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Explosives Act, 1884",
"num_of_sections": 20,
"published_date": "26th February, 1884",
"related_act": [
38,
75,
430,
52,
86
],
"repelled": false,
"sections": [
{
"act_id": 52,
"details": "1. (1) This Act may be called the Explosives Act, 1884; and",
"name": "Short title",
"related_acts": "52",
"section_id": 1
},
{
"act_id": 52,
"details": "(2) It extends to the whole of Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 52,
"details": "2. (1) This Act shall come into force on such day as the Government, by notification in the official Gazette, appoints. (2) Repealed by the Amending Act, 1891 (Act XII of 1891).",
"name": "Commencement",
"related_acts": "",
"section_id": 3
},
{
"act_id": 52,
"details": "3. Repealed by section 2 and Schedule II of the Indian Ports Act, 1889 (Act X of 1889).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 52,
"details": "4. In this Act, unless there is something repugnant in the subject or context,- (1) “explosive” (a)\tmeans gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above-mentioned or not, used or manufactured with a view to produce a practical effect by explosion, or a pyrotechnic effect; and (b)\tincludes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammuni-tion of all descriptions, and every adaptation or preparation of an explosive as above defined: (2) “Manufacture” includes the process of dividing into its component parts, or otherwise breaking up or unmaking, any explosive, or making fit for use any damaged explosive, and the process of re-making, altering or repairing any explosive: (3) \t“vessel” includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise: (4) \t“carriage” includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods, or passengers by land, in whatever manner the same may be propelled: (5) “master” includes every person (except a pilot or harbourmaster) having for the time being command or charge of a vessel: provided that, in reference to any boat belonging to a ship, “master” shall mean the master of the ship: (6) \t“import” means to bring into Bangladesh by 2air, sea or land. 3* * *",
"name": "Definitions",
"related_acts": "",
"section_id": 5
},
{
"act_id": 52,
"details": "5. (1) The Government may for any part of Bangladesh, make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a license granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of explosives, or any specified class of explosives. (2) Rules under this section may provide for all or any of the following, among other matters, that is to say:- (a)\tthe authority by which licenses may be granted; (b)\tthe fees to be charged for licenses, and the other sums (if any) to be paid for expenses by applicants for licenses; (c)\tthe manner in which applications for licenses must be made, and the matters to be specified in such applications; (d)\tthe form in which, and the conditions on and subject to which, licenses must be granted; (e)\tthe period for which licenses are to remain in force; and (f)\tthe exemption absolutely or subject to conditions of any explosives from the operation of the rules. (3) Rules made under this section may impose penalties on all persons manufacturing, possessing, using, selling, transporting or importing explosives in breach of the rules, or otherwise contravening the rules: 4Provided that the penalty which may be imposed by any such rules shall be,- (a)\tin the case of a person so manufacturing, using or importing an explosive, an imprisonment for a term which may extend to ten years and shall not be less than two years, and also a fine which may extend to fifty thousand Taka in default of which a further imprisonment for a term which may extend to one year, (b)\tin the case of a person so selling or transporting an explosive, an imprisonment for a term which may extend to seven years and shall not be less than one year and also a fine which may extend to thirty thousand Taka in default of which a further imprisonment for a term which may extend to one year, (c)\tin the case of a person so possessing an explosive, an imprisonment for a term which may extend to five years and shall not be less than six months, and also a fine which may extend to twenty thousand Taka in default of which a further imprisonment for a term which may extend to six months, (d)\tin any other case, an imprisonment for a term which may extend to two years and shall not be less than three months, and also a fine which may extend to ten thousand Taka in default of which a further imprisonment for a term which may extend to three month.",
"name": "Power to make rules as to licensing of the manufacture, possession, use, sale, transport and importation of explosives",
"related_acts": "",
"section_id": 6
},
{
"act_id": 52,
"details": "6. (1) Notwithstanding anything in the rules under the last foregoing section, the Government may, from time to time by notification in the official Gazette,- (a) \tprohibit, either absolutely or subject to conditions, the manufacture, possession 5use, sales, transportation or importation of any explosive which is of so dangerous a character that, in the opinion of the Government it is expedient for the public safety to issue the notification; (b)\tRepealed by the Repealing and Amending Act 1914 (Act No. X of 1914). (2) The officers of 6* * * customs at every 7port or border check-post shall have the same power in respect of any explosive with regard to the importation of which a notification has been issued under this section and the 8vessel or carriage containing the explosive as they have for the time-being in respect of any article the importation of which is prohibited or regulated by the law relating to 9* * * customs and the 10vessel or carriage containing the same; and the enactments for the time being in force relating to 11* * * customs or any such article or 12vessel or carriage shall apply accordingly. 13(3) Any person manufacturing, possessing, using, selling, transporting or importing an explosive in contravention of a notification issued under this section shall be punishable with imprisonment for a term which may extend to ten years and shall not be less than two years and also with a fine which may extend to fifty thousand Taka, in default of which with a further imprisonment for a term which may extend to one year, and in the case of importation by water or land, the owner and master of the vessel or carriage in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with imprisonment for a term which may extend to ten years and shall not be less than two years and also with a fine which may extend to fifty thousand Taka, in default of which with a further imprisonment for a term which may extend to one year.",
"name": "Power for Government to prohibit the manufacture, possession or importation of specially dangerous explosives",
"related_acts": "",
"section_id": 7
},
{
"act_id": 52,
"details": "7.(1) The Government may make rules consistent with this Act authorizing any officer, either by name or in virtue of his office- (a)\tto enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, transported or imported under a license granted under this Act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, trans-ported or imported in contravention of this Act or of the rules made under this Act; (b)\tto search for explosives therein; (c)\tto take samples of any explosive found therein on payment of the value thereof; and (d)\tto seize, detain, remove and, if necessary, destroy any explosive found therein. (2) The provisions of the Code of Criminal Procedure relating to searches under that Code shall, so far as the same are applicable, apply to searches by officers authorised by rules under this section.",
"name": "Power to make rules conferring powers of inspection, search, seizure, detention and removal",
"related_acts": "",
"section_id": 8
},
{
"act_id": 52,
"details": "8. (1) Whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any carriage or vessel either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, or the master of the vessel, or the person in charge of the carriage, as the case may be, shall within such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the Chief Inspector of Explosives in Bangladesh and to the officer in charge of the nearest police-station. 14(2) Whoever in contravention of sub-section (1) fails to give notice of any accident shall be punishable with imprisonment for a term which may extend to three months and also with a fine which may extend to five thousand Taka, in default of which with a further imprisonment for a term which may extend to one month, and, if the accident is attended by loss of human life, with imprisonment for a term which may extend to one year and also with a fine which may extend to ten thousand Taka, in default of which with a further imprisonment which may extend to two months.",
"name": "Notice of accidents",
"related_acts": "",
"section_id": 9
},
{
"act_id": 52,
"details": "159.(1) Where any accident such as is referred to in section 8 occurs in or about or in connection with any place, carriage or vessel under the control of any of the armed forces of Bangladesh, an inquiry into the causes of the accident shall be held by the naval, military, or air force authority concerned, and where any such accident occurs in any other circumstances, the district Magistrate 16or, in 17a Metropolitan Area, the Police Commissioner shall, in cases attended by loss of human life, or may, in any other case, hold or direct a Magistrate 18or a police officer, as the case may be, sub-ordinate to him to hold, such an inquiry. (2) Any person holding an inquiry under this section shall have all the powers of a Magistrate in holding an inquiry into an offence under the Code of Criminal Procedure, 1898 and may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry. (3) The person holding an inquiry under this section shall make a report to the Government stating the causes of the accident and its circumstances. (4) The Government may make rules- (a)\tto regulate the procedure at inquires under this section; (b)\tto enable the Chief Inspector of Explosives in Bangladesh to be present or represented at any such inquiry; (c)\tto permit the Chief Inspector of Explosives in Bangladesh or his representative to examine any witnesses at the inquiry; (d)\tto provide that where the Chief Inspector of Explosives in Bangladesh is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him; (e)\tto prescribe the manner in which and the time within which notices referred to in section 8 shall be given.",
"name": "Inquiry into accidents",
"related_acts": "75",
"section_id": 10
},
{
"act_id": 52,
"details": "9A. (1) The Government may, where it is of opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry of more formal character should be held into the causes of an accident such as is referred to in section 8, appoint the Chief Inspector of Explosives in Bangladesh or any other competent person to hold such inquiry, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) Where the Government orders an inquiry under this section, it may also direct that any inquiry under section 9 pending at the time shall be discontinued. (3) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects; and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the 19Penal Code. (4) Any person holding an inquiry under this section may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry. (5) The person holding an inquiry under this section shall make a report to the Government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make; and the Government shall cause every report so made to be published at such time and in such manner as it may think fit. (6) The Government may make rules for regulating the procedure at inquires under this section.",
"name": "Inquiry into more serious accidents",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 52,
"details": "10. When a person is convicted of an offence punishable under this Act or the rules made under this Act, the Court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.",
"name": "Forfeiture of explosives",
"related_acts": "",
"section_id": 12
},
{
"act_id": 52,
"details": "11. Where the owner or master of a Vessel is adjudged under this Act to pay a fine for an offence committed with, or in relation to, that vessel, the Court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary.",
"name": "Distress of vessel",
"related_acts": "",
"section_id": 13
},
{
"act_id": 52,
"details": "12. Whoever abets, within the meaning of the 20Penal Code, the commission of an offence punishable under this Act, or the rules made under this Act, or attempts to commit any such offence and in such attempt does any act towards the commission of the same, shall be punished as if he had committed the offence.",
"name": "Abetment and attempts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 52,
"details": "13. Whoever is found committing any act for which he is punishable under this Act or the rules under this Act, and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, ship or boat, may be apprehended without warrant by a Police-officer, or by the occupier of, or the agent or servant of, or other person authorised by the occupier of, that place, or by any agent or servant of, or other person authorised by, the railway administration or conservator of the port, and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a Magistrate.",
"name": "Power to arrest without warrant persons committing dangerous offences",
"related_acts": "",
"section_id": 15
},
{
"act_id": 52,
"details": "14. (1) Nothing in this Act, except sections 8, 9 and 9A, shall apply to the manufacture, possession, use, transport or importation of any explosive- (a)\tby any of the armed forces of Bangladesh in accordance with rules or regulations made by the Government; (b)\tby any person employed under the Government in execution of this Act. (2) The Government may by notification in the official Gazette exempt, absolutely or subject to any such conditions as it may think fit to impose, any explosive from all or any of the provisions of this Act. 15. Nothing in this Act shall affect the provisions of the Arms Act, 1878: Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said Arms Act. 16. Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules: Provided that a person shall not be punished twice for the same offence. 17. The Government may, from time to time, by notification in the official Gazette, declare that any substance which appears to the Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations, and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition or the term “explosive” in this Act. 18. (1) An authority making rules under this Act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby. (2) The publication shall be made in such manner as the Government, from time to time, by notification in the official Gazette prescribes. (3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration. (4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified. (5) A rule made under this Act shall not take effect until it has been published in the official Gazette. (6) The publication in the official Gazette or a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been duly sanctioned. (7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.",
"name": "Saving and power to exempt",
"related_acts": "38",
"section_id": 16
},
{
"act_id": 52,
"details": "15. Nothing in this Act shall affect the provisions of the Arms Act, 1878: Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said Arms Act.",
"name": "Saving of Arms Act, 1878",
"related_acts": "38",
"section_id": 17
},
{
"act_id": 52,
"details": "16. Nothing in this Act or the rules under this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules: Provided that a person shall not be punished twice for the same offence.",
"name": "Saving as to liability under other law",
"related_acts": "",
"section_id": 18
},
{
"act_id": 52,
"details": "17. The Government may, from time to time, by notification in the official Gazette, declare that any substance which appears to the Government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act, and the provisions of this Act (subject to such exceptions, limitations, and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were included in the definition or the term “explosive” in this Act.",
"name": "Extension of definition of “explosive” to other explosive substances",
"related_acts": "",
"section_id": 19
},
{
"act_id": 52,
"details": "18. (1) An authority making rules under this Act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby. (2) The publication shall be made in such manner as the Government, from time to time, by notification in the official Gazette prescribes. (3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration. (4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified. (5) A rule made under this Act shall not take effect until it has been published in the official Gazette. (6) The publication in the official Gazette or a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been duly sanctioned. (7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.",
"name": "Procedure for making publication and confirmation of rules",
"related_acts": "",
"section_id": 20
}
],
"text": "1♣An Act to regulate the manufacture, possession, use, sale, transport and importation of Explosives. WHEREAS it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives; It is hereby enacted as follows:-"
} |
{
"id": 53,
"lower_text": [
"1 Section 2 was substituted, for the former section 2 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words and comma “The Government or, the National Board of Revenue” were substituted, for the words and commas “The Provincial Government or, in a Province for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Agriculturists' Loans Act, 1884",
"num_of_sections": 7,
"published_date": "24th July, 1884",
"related_act": [
51,
53,
430
],
"repelled": false,
"sections": [
{
"act_id": 53,
"details": "1. (1) This Act may be called the Agriculturists' Loans Act, 1884; and",
"name": "Short title",
"related_acts": "53",
"section_id": 1
},
{
"act_id": 53,
"details": "(2) It shall come into force on the first day of August, 1884.",
"name": "Commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 53,
"details": "12. It extends to the whole of Bangladesh.",
"name": "Extent",
"related_acts": "",
"section_id": 3
},
{
"act_id": 53,
"details": "3. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 53,
"details": "4.(1) 2The Government or, the National Board of Revenue, subject to the control of the Government may, from time to time, make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural objects. (2) All such rules shall be published in the official Gazette.",
"name": "Power for Government to make rules.",
"related_acts": "51",
"section_id": 5
},
{
"act_id": 53,
"details": "5. Every loan made in accordance with such rules, all interest (if any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan was made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.",
"name": "Recovery of loans",
"related_acts": "",
"section_id": 6
},
{
"act_id": 53,
"details": "6. When a loan is made under this Act to the members of a village community or to any other persons on such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed, marked, or sealed by each of them or his agent duly authorised in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.",
"name": "Liability of joint borrowers as among themselves",
"related_acts": "",
"section_id": 7
}
],
"text": "Long title and Preamble. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)."
} |
{
"id": 54,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “East Pakistan”, “Provincial Government” and “Rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Bengali” was substituted, for the word “vernacular” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Republic” was substituted, for the word “State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word “Republic” was substituted, for the word “State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The word “Republic” was substituted, for the word “State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word “Government” was substituted, for the words and commas “Central Government, where the transport is in connection with the affairs of the Central Government, and the Provincial Government in other cases” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words “in each case” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Ferries Act, 1885",
"num_of_sections": 37,
"published_date": "27th May, 1885",
"related_act": [
44,
45,
46,
47,
430,
54
],
"repelled": false,
"sections": [
{
"act_id": 54,
"details": "1. This Act may be called the 2* * * Ferries Act, 1885.",
"name": "Short title",
"related_acts": "54",
"section_id": 1
},
{
"act_id": 54,
"details": "2. It extends to the whole of Bangladesh and shall come into force on such date as the Government may by notification in the official Gazette appoint in this behalf.",
"name": "Extent and commencement",
"related_acts": "",
"section_id": 2
},
{
"act_id": 54,
"details": "3. Omitted by First Schedule of the East Pakistan Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Omitted",
"related_acts": "",
"section_id": 3
},
{
"act_id": 54,
"details": "4. Nothing in this Act contained shall apply to any ferry deemed or declared to be a municipal ferry under the provisions of the Municipal Administration Ordinance, 1960.",
"name": "4. \tAct not to apply to municipal ferries",
"related_acts": "",
"section_id": 4
},
{
"act_id": 54,
"details": "5. In this Act, unless there be something repugnant in the subject or context,- “Commissioner” means the Commissioner of a Division: “ferry” includes a bridge of boats, pontoons or rafts, a swing-bridge, a flying bridge, a temporary bridge, and a landing stage:“notification” means a notification published in the official Gazette. “private ferries” includes all ferries other than those declared to be public ferries, or established as such, under section 6 of this Act.",
"name": "Interpretation",
"related_acts": "",
"section_id": 5
},
{
"act_id": 54,
"details": "6. It shall be lawful for the Government from time to time to- (a)\tdeclare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this Act, they shall be deemed to be situate; (b)\ttake possession of a private ferry and declare it to be a public ferry; (c)\testablish new public ferries where, in its opinion, they are needed; (d)\tdefine the limits of any public ferry; (e)\tchange the course of any public ferry; and (f)\tdiscontinue any public ferry which it deems unnecessary. Every such declaration, establishment, definition, change or discontinuance shall be made by notification: Provided that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river on which such ferry is established, such alteration may be made, by an order in writing, by the Magistrate of the district.",
"name": "Power to declare, establish, define and discontinue public \tferries",
"related_acts": "",
"section_id": 6
},
{
"act_id": 54,
"details": "7. The control of all public ferries shall be vested in the Magistrate of the district, subject to the direction of the Commissioner.",
"name": "Control of public ferries vested in the Magistrate of the \tdistrict",
"related_acts": "",
"section_id": 7
},
{
"act_id": 54,
"details": "8. The immediate superintendence of every public ferry shall be vested in the Magistrate of the district in which such ferry is situated, or in such other officer as the Government may, from time to time, either by name or by official designation, appoint. And such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary arrangements for the supply of boats for such ferry, and for the collection of the authorised tolls liveable thereat.",
"name": "Superintendence of public ferries",
"related_acts": "",
"section_id": 8
},
{
"act_id": 54,
"details": "9. The tolls of any public ferry may, from time to time, be leased by public auction for such term as the Magistrate of the district in which such ferry is situated may, with the approval of the Commissioner, direct. The Magistrate of the district or the officer authorised by him to conduct such auction may, for sufficient reason to be recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other bid, or may withdraw the tolls from auction.",
"name": "Ferry tolls may be leased by auction",
"related_acts": "",
"section_id": 9
},
{
"act_id": 54,
"details": "The lessee of the tolls of every ferry which have been leased under this section shall execute a contract setting forth the conditions on which the tolls of such ferry are to be held, and shall give security for its due fulfilment.",
"name": "Execution of contract by lessee",
"related_acts": "",
"section_id": 10
},
{
"act_id": 54,
"details": "10. When the tolls of a public ferry have been duly leased, the lessee and every servant of the lessee shall be deemed to be legally bound to conform to the rules made under this Act for the management and control of such ferry.",
"name": "Lessee of the tolls of a public ferry and his servants bound \tto conform to rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 54,
"details": "11. On the requisition of the Magistrate of the district the person in change of a public ferry situate in such district shall maintain at one or more places, in addition to the place at which the said public ferry is established, and within two miles therefrom, such number of subsidiary ferries as may seem to the Magistrate to be necessary for the public convenience: and all the provisions contained in this Act in regard to the management and control of public ferries shall be deemed applicable to any subsidiary ferry maintained under the requisition of the Magistrate.",
"name": "Provision for the establishment of subsidiary ferry",
"related_acts": "",
"section_id": 12
},
{
"act_id": 54,
"details": "12. All arrears due by the lessee of the tools of a public ferry on account of his lease; any pecuniary forfeiture for breach of contract inserted in the deed of contract or conditions of sale by public auction; and all sums due from the lessee on the surrender of his lease under section 14, may be recovered from the lessee or his surety (if any) as a demand under the 3* * * Public Demands Recovery Act, 1913, or any other Act at the time being in force for the recovery of public demands.",
"name": "Recovery of arrears from lessee",
"related_acts": "",
"section_id": 13
},
{
"act_id": 54,
"details": "13. The lease of the tolls of any public ferry shall be liable to be cancelled at once by the Magistrate of the district in which such ferry is situated, if it shall appear to such Magistrate that the lessee has failed to make due provision for the convenience or safety of the public within fifteen days after being required to do so by a notice in writing from such Magistrate.",
"name": "Power to cancel lease",
"related_acts": "",
"section_id": 14
},
{
"act_id": 54,
"details": "14. The lessee of the tolls of a public ferry may surrender his lease on the expiration of one month's notice in writing to the Magistrate of the district in which such ferry is situated of his intention to surrender such lease, and on payment of such reasonable compensation as the Magistrate may, with the approval of the Commissioner, in each case direct.",
"name": "Surrender of lease",
"related_acts": "",
"section_id": 15
},
{
"act_id": 54,
"details": "15. The Magistrate of the district, with the approval of the Commissioner, may from time to time make rules consistent with this Act,- (a)\tfor the management of all public ferries within such district, and for regulating the traffic at such ferries; (b)\tfor regulating the time and manner at and in which the terms in which, and the person by whom, the tolls of such ferries may be leased by auction; (c)\tfor compensating persons who have compounded for tolls payable for the use of any such ferry when such ferry has been discontinued before the expiration of the period compounded for; and (d)\tgenerally, to carry out the purposes of this Act: And, when the tolls of a ferry have been leased under section 9, such Magistrate may, from time to time, with such approval as aforesaid, make additional rules consistent with this Act,- (e)\tfor collecting the rents payable for the tolls of such ferries; (f)\tfor regulating the returns of traffic to be, from time to time, submitted by the lessee of such ferries; (g)\tin cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swing-bridge, flying-bridge or temporary bridge, for regulating the time and manner at and in which such bridge shall be constructed and maintained, and opened for the passage of vessels and rafts through the same, and (h)\tin cases in which the traffic is conveyed in boats, for regulating- the number and kinds of such boats and their dimensions and equipment; the number of the crew to be kept by the lessee for each boat; the maintenance of such boats in good condition; the hours during which, and the intervals within which, the lessee shall be bound to ply; and the number of passengers, animals and vehicles, and the bulk and weight or other things that may be carried in each kind of boat at one trip; and may, from time to time, with such approval as aforesaid, repeal or alter such rules. Rules made under this section shall be subject to the control of the Government, and shall be published in the official Gazette in such manner as the Government directs, and shall thereupon have the force or law.",
"name": "Power to make rules in regard to public ferries",
"related_acts": "",
"section_id": 16
},
{
"act_id": 54,
"details": "16. No person shall, except with the sanction of the Magistrate of the district, maintain a ferry to or from any point within a distance of two miles from the limits of a public ferry: Provided that, in the case of any specified public ferry, the Government may, by notification, reduce or increase the said distance of two miles to such extent as it thinks fit: Provided also that nothing hereinbefore contained shall prevent persons keeping boats to ply between two places, one of which is without, and one within, the said limits, when the distance between such two places is not less than three miles, or shall apply to boats which the Magistrate of the district expressly exempts from the operation of this section.",
"name": "Private ferry not to ply within two miles of public ferry \twithout sanction",
"related_acts": "",
"section_id": 17
},
{
"act_id": 54,
"details": "17. Claims for compensation for any loss sustained by any person in consequent of a private ferry being taken possession of, or a new public ferry, or subsidiary ferry, being established under section 6 or section 11, shall be inquired into by the Magistrate of the district in which such ferry is situated, who shall, with the approval of the Commissioner, award compensation to any person who may appear justly entitled thereto. Such compensation shall be calculated upon an estimate of the annual net profit actually realized by such person from such ferry on an average of the five years next preceding such declaration, and shall in no case exceed the amount of fifteen times such net annual profit.",
"name": "Claims for compensation and what amount to be awarded",
"related_acts": "",
"section_id": 18
},
{
"act_id": 54,
"details": "18. Tolls, according to such rates as may, from time to time, be fixed by the Magistrate of the district with the approval of the Commissioner, shall be levied on all person, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service: Provided that the Government may, from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such tolls. Where the tolls of a ferry have been leased under section 9, any such declaration, if made after the date of the auction, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the Magistrate of the district under this section.",
"name": "Tolls",
"related_acts": "",
"section_id": 19
},
{
"act_id": 54,
"details": "19. The lessee or other person authorised to collect the tolls of any public ferry shall affix a table of such tolls, legibly written or printed in the 4Bengali language, and also, if the Commissioner so directs, in English, in some conspicuous place near the ferry: and shall be bound to produce, on demand, a list of the tolls signed by the Magistrate of the district or such other officer as he appoints in this behalf.",
"name": "Table of tolls",
"related_acts": "",
"section_id": 20
},
{
"act_id": 54,
"details": "20. Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 21
},
{
"act_id": 54,
"details": "21. It shall be lawful for the Magistrate of the district in which a public ferry is situated, with the approval of the Commissioner, from time to time to fix rates at which any person may compound for the tolls payable for the use of such ferry.",
"name": "Compounding for tolls",
"related_acts": "",
"section_id": 22
},
{
"act_id": 54,
"details": "22. The Commissioner may from time to time make rules consistent with this Act, for the maintenance of order, and for the safety of passengers and property, at private ferries situated in his division. Rules made under this section shall be subject to the control of the Government, and shall be published in the official Gazette in such manner as the Government directs, and shall thereupon have the force of law.",
"name": "Power to make rules in regard to private ferries",
"related_acts": "",
"section_id": 23
},
{
"act_id": 54,
"details": "23. Every lessee or other person authorised to collect the tolls or a public ferry, who neglects to affix and keep in good order and repair the table of tolls mentioned in section 19, or who wilfully removes, alters or defaces such table, or allows it to become illegible, or who fails to produce on demand the list of the tolls mentioned in section 19, and every lessee who neglects to furnish any return required under section 15, shall be punished with fine which may extend to fifty Taka.",
"name": "Penalty for breach of provisions as to table of tolls, list of \ttolls and return of traffic",
"related_acts": "",
"section_id": 24
},
{
"act_id": 54,
"details": "24. Every such lessee or other person as aforesaid asking or taking more than the lawful toll, or without due cause delaying any person, animals, vehicle or other thing, shall be punished with fine which may extend to one hundred Taka.",
"name": "Penalty for taking unauthorised tolls, and for causing \tdelay",
"related_acts": "",
"section_id": 25
},
{
"act_id": 54,
"details": "25. Every person breaking any rule made under section 15 or section 22 shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred Taka, or with both.",
"name": "Penalty for breach of rules made under sections 15 and \t22",
"related_acts": "",
"section_id": 26
},
{
"act_id": 54,
"details": "26. When any lessee of the tolls of a public ferry makes default in the payment of the rent payable in respect of such tolls, or has been convicted of an offence under section 25, or, having been convicted of an offence under section 23 or section 24, is again convicted of an offence under either of those sections, the Magistrate of the district may, with the approval of the Commissioner, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were leased.",
"name": "Cancellation of lease on default or breach of rules",
"related_acts": "",
"section_id": 27
},
{
"act_id": 54,
"details": "27. Every person crossing by any public ferry who refuses to pay the proper toll, and every person- who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry without paying the toll, or who obstructs any toll-collector, or lessee of the tolls of any public ferry, or any of his assistants, in any way in the execution of their duty under this Act, or who, after being warned by any such toll-collector, lessee or assistant not to do so, goes, or takes any animals, vehicles or other things, into any ferry boat, or upon any bridge at such a ferry, which is in such a state or so loaded as to endanger human life or property, or who refuses or neglects to leave, or remove any animals, vehicles or goods from any such ferry-boat or bridge on being requested by such toll-collector, lessee or assistant to do so, or who moors any boat, raft or other substance to, or in any way obstructs, any part of a public ferry. shall be punished with fine which may extend to fifty Taka.",
"name": "Penalties on passengers offending",
"related_acts": "",
"section_id": 28
},
{
"act_id": 54,
"details": "28. Whoever conveys for hire any passenger, animal, vehicle or other thing in contravention of the provisions of section 16 shall be punished with fine which may extend to fifty Taka.",
"name": "Penalty for plying within public ferry-course without \tlicense",
"related_acts": "",
"section_id": 29
},
{
"act_id": 54,
"details": "29. Where the tolls of any public ferry have been leased under the provisions hereinbefore contained, the whole or any portion of the fine realized under section 27 or section 28 may be, at the discretion of the convicting Magistrate or Bench of Magistrates, paid to the lessee.",
"name": "Fines payable to lessee",
"related_acts": "",
"section_id": 30
},
{
"act_id": 54,
"details": "30. Whoever navigates, anchors, moors or fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public ferry, shall be punished 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 the toll-collector or lessee of the tolls of such ferry, or any of his assistants, may seize and detain such vessel, raft or timber pending the inquiry and assessment hereinafter mentioned.",
"name": "Penalty for rash navigation and stacking of timber",
"related_acts": "",
"section_id": 31
},
{
"act_id": 54,
"details": "31. The police may arrest without warrant any person committing an offence against section 27 or section 30.",
"name": "Power to arrest without warrant",
"related_acts": "",
"section_id": 32
},
{
"act_id": 54,
"details": "32. Every Magistrate or Bench of Magistrates trying any offence under this Act may inquire into and assess the value of the damage (if any) done or caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be leviable as if it were a fine, or when the offence is one under section 30 by the sale of the vessel, raft or timber causing the damage, and of anything found in or upon such vessel or raft. The Commissioner may, on the appeal of any person deeming himself aggrieved by an order under this section, reduce or remit the amount payable under such order.",
"name": "Magistrate may assess damage done by offender",
"related_acts": "",
"section_id": 33
},
{
"act_id": 54,
"details": "33. On the cancelment or surrender of a lease, the Magistrate of the district may take possession of all boats and other appliances which have been used by the lessee in the working of the ferry; and may either retain the same permanently on payment of a fair price to the proprietor, or may retain them for such time as may be necessary, not exceeding three months, until he can make arrangements for such other boats and appliances as may be necessary, in which case the Magistrate of the district shall pay a fair sum to the owners for the use of the said boats and appliances: Provided that, within a week of taking such possession, the Magistrate of the district shall be bound to give notice to the said lessee of his intention to retain the said boats and appliances permanently, or for a period to be specified in the notice.",
"name": "Power to take possession of boats and other appliances on \tsurrender or cancellation of lease",
"related_acts": "",
"section_id": 34
},
{
"act_id": 54,
"details": "34. When any boats or their equipments, or any materials or appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers or troops of the 5Republic on duty, or of any other persons on the business of the 6Republic or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of the 7Republic, the Magistrate of the district may take possession of and use the same (paying such compensation for the use thereof as the 8Government may 9* * * direct, until such transport is completed.",
"name": "Similar power in cases of emergency",
"related_acts": "",
"section_id": 35
},
{
"act_id": 54,
"details": "35. It shall be lawful for the Government to order that any public ferry shall be managed by a local authority having jurisdiction over the area or any part of the area in which such ferry is situated; and such local authority shall have all the powers vested in the Magistrate of the district under this Act except the powers specified in sections 7, 17 and 32, and thereupon the ferries shall be managed accordingly.",
"name": "Management may be vested in local authority",
"related_acts": "",
"section_id": 36
},
{
"act_id": 54,
"details": "36. The Government may, from time to time, delegate, under such restrictions as it thinks fit, any of the powers conferred on it by this Act to any Commissioner or Magistrate of a district, or to such other officer or authority as it thinks fit, by name or by official designation.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 37
}
],
"text": "1♣An Act to regulate Ferries in Bangladesh. Preamble WHEREAS it is expedient to regulate ferries in Bangla-desh; It is enacted as follows:-"
} |
{
"id": 55,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” or “Tk.” were substituted, for the words and commas “Pakistan”, “Central Government” or \"Provincial Government\" or “Central or any Provincial Government” or “Central or a Provincial Government” or \"Central Government or of a Provincial Government\" or “Central or, as the case may be, the Provincial Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Republic” was substituted, for the word “Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 7A was inserted by section 2 of the Telegraph (Amendment) Act, 1957 (Act No. XXV of 1957)",
"4 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Sections 19A and 19B were inserted by section 5 of the Indian Telegraph (Amendment) Act, 1914 (Act No. VII of 1914)",
"6 Section 20A was inserted by section 7 of the Indian Telegraph (Amendment) Act, 1914 (Act No. VII of 1914)",
"7 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Section 25A was inserted by section 8 of the Indian Telegraph (Amendment) Act, 1914 (Act No. VII of 1914)",
"9 Section 29A was inserted by section 9 of the Indian Telegraph (Amendment) Act, 1914 (Act No. VII of 1914)",
"10 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Telegraph Act, 1885",
"num_of_sections": 40,
"published_date": "22nd July, 1885",
"related_act": [
75,
76,
430,
48,
49,
50,
51,
52,
55
],
"repelled": false,
"sections": [
{
"act_id": 55,
"details": "1. (1) This Act may be called the Telegraph Act, 1885. (2) It extends to the whole of Bangladesh, and it applies also to all citizens of Bangladesh and persons in the service of 2Republic wherever they may be. (3) It shall come into force on the first day of October, 1885.",
"name": "Short title, local extent and commencement",
"related_acts": "55",
"section_id": 1
},
{
"act_id": 55,
"details": "2. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 55,
"details": "3. In this Act, unless there is something repugnant in the subject or context,- (1) \t“telegraph” means an electric, galvanic or magnetic telegraph, and includes appliances and apparatus for making, transmitting or receiving telegraphic, telephonic or other communications by means of electricity, galvanism or magnetism: (2)\t“telegraph officer” means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by the Government or by a person licensed under this Act: (3) \t“message” means any communication sent by telegraph, or given to a telegraph officer to be sent by telegraph or to be delivered: (4) \t“telegraph line” means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same: (5) \t“post” means a post, pole, standard, stay, strut or other above-ground contrivance for carrying, \tsuspending or supporting a telegraph line: (6) \t“telegraph authority” means the Director General, Bangladesh Telegraph and Telephone Department, and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this Act: (7) \t“local authority” means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of any municipal or local fund.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 55,
"details": "4. (1) Within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: Provided that the Government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of Bangladesh: Provided further that the Government may, by rules made under this Act and published in the official Gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working (a) \tof wireless telegraphs on ships within Bangladesh territorial waters and on aircraft within or above Bangladesh or Bangladesh territorial waters, and (b) \tof telegraphs other than wireless telegraphs within any part of Bangladesh. (2) The Government may, by notification in the official Gazette, delegate to the telegraph authority all or any of its powers under the first proviso to sub-section (1). The exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the Government may, by the notification, think fit to impose.",
"name": "Exclusive privilege in respect of telegraphs, and power \tto grant licenses",
"related_acts": "",
"section_id": 4
},
{
"act_id": 55,
"details": "5. (1) On the occurrence of any public emergency, or in the interest of the public safety, the Government or any officer specially authorised in this behalf by the Government, may- (a) \ttake temporary possession of any telegraph established, maintained or worked by any person licensed under this Act; or (b) \torder that any message or class of messages to or from any person or class of persons or relating to any particular subject brought for transmission by, or transmitted or received by, any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order. (2) If any doubt arises as to the existence of a public emergency, or whether any act done under sub-section (1) was in the interest of the public safety, a certificate of the Central or, as the case may be, the Government shall be conclusive proof on the point.",
"name": "Power for Government to take possession of licensed \ttelegraphs and to order interception of messages",
"related_acts": "",
"section_id": 5
},
{
"act_id": 55,
"details": "6. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 6
},
{
"act_id": 55,
"details": "7. (1) The Government may, from time to time, by notification in the official Gazette, make rules consistent with this Act for the conduct of all or any telegraphs established, maintained or worked by the Government or by persons licensed under this Act. (2) Rules under this section may provide for all or any of the following, among other matters, that is to say:- (a)\tthe rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted; (b)\tthe precautions to be taken for preventing the improper interception or disclosure of messages; (c)\tthe period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph officers shall be preserved; and (d)\tthe fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer. (3) When making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this Act, the Government may, by the rules, prescribe fines for any breach of the same: Provided that the fines so prescribed shall not exceed the following limits, namely:- (i) \twhen the person licensed under this Act is punishable for the breach, one thousand Taka and in the case of a continuing breach a further fine of two hundred Taka for everyday after the first during the whole or any part of which the breach continues; (ii) \twhen a servant of the person so licensed, or any other person, is punishable for the breach, one-fourth of the amounts specified in clause (i). 7A. If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal article as defined in clause (i) of section 2 of the Post Office Act, 1898 not being on Bangladesh State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.",
"name": "Power to make rules for the conduct of telegraphs",
"related_acts": "76",
"section_id": 7
},
{
"act_id": 55,
"details": "37A. If any person does not pay any sum due from him under this Act in respect of any telegraph or message, the sum so due may, on application made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal article as defined in clause (i) of section 2 of the Post Office Act, 1898 not being on Bangladesh State Service, addressed to that person, shall be withheld from him until the sum so due is paid or recovered as aforesaid.",
"name": "Recovery of dues in respect of telegraph, etc.",
"related_acts": "76",
"section_id": 8
},
{
"act_id": 55,
"details": "8. The Government may, at any time, revoke any license granted under section 4, on the breach of any of the conditions therein contained, or in default of payment of any consideration payable thereunder.",
"name": "Revocation of licenses",
"related_acts": "",
"section_id": 9
},
{
"act_id": 55,
"details": "9. The Government shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty with respect to the receipt, transmission or delivery of any message; and no such officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.",
"name": "Government not to responsible for loss or damage",
"related_acts": "",
"section_id": 10
},
{
"act_id": 55,
"details": "10. The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immoveable property: Provided that- (a)\tthe telegraph authority shall not exercise the powers conferred by this section except for the purposes of a telegraph established or maintained by the Government, or to be so established or maintained; (b)\tthe Government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post; and (c)\texcept as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority; and (d)\tin the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause (c), shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers.",
"name": "Power for telegraph authority to place and maintain \ttelegraph lines and posts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 55,
"details": "11. The telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph line or post, enter on the property under, over, along, across, in or upon which the line or post has been placed.",
"name": "Power to enter on property in order to repair or remove \ttelegraph lines or posts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 55,
"details": "12. Any permission given by a local authority under section 10, clause (c), may be given subject to such reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to which the authority will necessarily be put in consequence of the exercise of the powers conferred by that section, or as to the time or mode of execution of any work, or as to any other thing connected with or relative to any work undertaken by the telegraph authority under those powers.",
"name": "Power for local authority to give permission under \tsection 10, clause (c), subject to conditions",
"related_acts": "",
"section_id": 13
},
{
"act_id": 55,
"details": "13. When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property vested in or under the control or management of a local authority, and the local authority, having regard to circumstances which have arisen since the telegraph line or post was so placed, considers it expedient that it should be removed or that its position should be altered, the local authority may require the telegraph authority to remove it or alter its position, as the case may be.",
"name": "Power for local authority to require removal or alteration \tof telegraph lines or post",
"related_acts": "",
"section_id": 14
},
{
"act_id": 55,
"details": "14. The telegraph authority may, for the purpose of exercising the power conferred upon it by this Act in respect of any property vested in or under the control or management of a local authority, alter the position thereunder on any pipe (not being a main) for the supply of gas or water, or of any drain (not being a main drain): Provided that- (a)\twhen the telegraph authority desires to alter the position of any such pipe or drain, it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so, to the local authority, and, when the pipe or drain is not under the control of the local authority, to the person under whose control the pipe or drain is; (b)\ta local authority or person receiving notice under clause (a) may send a person to superintend the work, and the telegraph authority shall execute the work to the reasonable satisfaction of the person so sent.",
"name": "Power to alter position of gas or water pipes or drains",
"related_acts": "",
"section_id": 15
},
{
"act_id": 55,
"details": "15. (1) If any dispute arises between the telegraph authority and a local authority in consequence of the local authority refusing the permission referred to in section 10, clause (c), or prescribing any condition under section 12, or in consequence of the telegraph authority omitting to comply with a requisition made under section 13, or otherwise in respect of the exercise of the powers conferred by this Act, it shall be determined by such officer as the Government may appoint either generally or specially in this behalf. (2) An appeal from the determination of the officer so appointed shall lie to the Government; and the order of the Government shall be final.",
"name": "Disputes between telegraph authority and local authority",
"related_acts": "",
"section_id": 16
},
{
"act_id": 55,
"details": "16. (1) If the exercise of the powers mentioned in section 10 in respect of property referred to in clause (d) of that section is resisted or obstructed, the District Magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. (2) If, after the making of an order under sub-section (1), any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the 4Penal Code. (3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him. (4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the telegraph authority may pay into the Court of the District Judge such amount as he deems sufficient, or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under sub-section (3), that amount; and the District Judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. (5) Every determination of a dispute by a District Judge under sub-section (3) or sub-section (4) shall be final: Provided that nothing in this sub-section shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority from the person who has received the same.",
"name": "Exercise of powers conferred by section 10, and disputes \tas to compensation, in case of property other than that of \ta local authority",
"related_acts": "",
"section_id": 17
},
{
"act_id": 55,
"details": "17. (1) When, under the foregoing provisions of this Act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line or post accordingly: Provided that, if compensation has been paid under section 10, clause (d), he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum. (2) If the telegraph authority omits to comply with the requisition, the person making it may apply to the District Magistrate within whose jurisdiction the property is situate to order the removal or alteration. (3) A District Magistrate receiving an application under sub-section (2) may, in his discretion, reject the same or make an order absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level, or for the alteration of its form; and the order so made shall be final.",
"name": "Removal or alteration of telegraph line or post on property \tother than that of a local authority",
"related_acts": "",
"section_id": 18
},
{
"act_id": 55,
"details": "18. (1) If any tree standing or lying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a Magistrate of the first or second class may, on the application of the telegraph authority, cause the tree to be removed or dealt with in such other way as he deems fit. (2) When disposing of an application under sub-section (1), the Magistrate shall, in the case of any tree in existence before the telegraph line was placed, award to the persons interested in the tree such compensation as he thinks reasonable, and the award shall be final.",
"name": "Removal of trees interrupting telegraphic communication",
"related_acts": "",
"section_id": 19
},
{
"act_id": 55,
"details": "19. Every telegraph line or post placed before the passing of this Act under, over, along, across, in or upon any property, for the purposes of a telegraph established or maintained by the Government, shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this Act.",
"name": "Telegraph lines and posts placed before the passing of this \tAct",
"related_acts": "",
"section_id": 20
},
{
"act_id": 55,
"details": "519A. (1) Any person desiring to deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraph line or post which has been duly placed in accordance with the provisions of this Act, or to interrupt or interfere with telegraphic communication, shall give not less than one month's notice in writing of the intended exercise of such right to the telegraph authority, or to any telegraph officer whom the telegraph authority may empower in this behalf. (2) If any such person without having complied with the provisions of sub-section (1) deals with any property in such a manner as is likely to cause damage to any telegraph line or post, or to interrupt or interfere with telegraphic communication, a Magistrate of the first or second class may, on the application of the telegraph authority, order such person to abstain form dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the Magistrate necessary to remedy or prevent such damage, interruption or interference during such period. (3) A person dealing with any property in the manner referred to in sub-section (1) with the bona fide intention of averting imminent danger of personal injury to himself or any other human being shall be deemed to have complied with the provisions of the said sub-section if he gives such notice of the intended exercise of the right as is in the circumstances possible, or where no such previous notice can be given without incurring the imminent danger referred to above, if he forthwith gives notice of the actual exercise of such right to the authority or officer specified in the said sub-section.",
"name": "Person exercising legal right likely to damage telegraph or \tinterfere with telegraphic communication to give notice",
"related_acts": "",
"section_id": 21
},
{
"act_id": 55,
"details": "19B. The Government may, by notification in the official Gazette, confer upon any licensee under section 4, in respect of the extent of his license and subject to any conditions and restrictions which the Government may think fit to impose and to the provisions of this Part, all or any of the powers which the telegraph authority possesses under this Part with regard to a telegraph established or maintained by the Government or to be so established or maintained: Provided that the notice prescribed in section 19A shall always be given to the telegraph authority or officer empowered to received notice under section 19A (1).",
"name": "Power to confer upon licensee powers of telegraph \tauthority under this Part",
"related_acts": "",
"section_id": 22
},
{
"act_id": 55,
"details": "620A. If the holder of a license granted under section 4 contravenes any condition contained in his license, he shall be punished with fine which may extend to one thousand Taka, and with a further fine which may extend to five hundred Taka for every week during which the breach of the condition continues.",
"name": "Breach of condition of license",
"related_acts": "",
"section_id": 23
},
{
"act_id": 55,
"details": "20. (1) If any person establishes, maintains or works a telegraph within Bangladesh in contravention of the provisions of section 4 or otherwise than as permitted by rules made under that section, he shall be punished, if the telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or with both, and, in any other case, with a fine which may extend to one thousand Taka. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, offences under this section in respect of a wireless telegraph shall, for the purposes of the said Code, be bailable and non-cognizable. (3) When any person is convicted of an offence punishable under this section, the Court before which he is convicted may direct that the telegraph in respect of which the offence has been committed, or any part of such telegraph, be forfeited to Government.",
"name": "Establishing, maintaining or working unauthorised \ttelegraph",
"related_acts": "75",
"section_id": 24
},
{
"act_id": 55,
"details": "21. If any person, knowing or having reason to believe that a telegraph has been established or is maintained or worked, in contravention of this Act, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for transmission by such telegraph, or accepts delivery of any message sent thereby, he shall be punished with fine which may extend to fifty Taka.",
"name": "Using unauthorised telegraphs",
"related_acts": "",
"section_id": 25
},
{
"act_id": 55,
"details": "22. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 26
},
{
"act_id": 55,
"details": "23. If any person- (a)\twithout permission of competent authority, enters the signal-room of a telegraph office of the Government, or of a person licensed under this Act, or (b)\tenters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or (c)\trefuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein, or (d)\twilfully obstructs or impedes any such officer or servant in the performance of his duty, he shall be punished with fine which may extend to five hundred Taka.",
"name": "Intrusion into signal-room, trespass in telegraph office or \tobstruction",
"related_acts": "",
"section_id": 27
},
{
"act_id": 55,
"details": "24. If any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this Act, he may (in addition to the fine with which he is punishable under section 23) be punished with imprisonment for a term which may extend to one year.",
"name": "Unlawfully attempting to learn contents of messages",
"related_acts": "",
"section_id": 28
},
{
"act_id": 55,
"details": "25. (1) If any person, intending- (a)\tto prevent or obstruct the transmission or delivery of any message, or (b)\tto intercept or to acquaint himself with the contents of any message, or (c)\tto commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. (2) If any wire used for the purpose of a telegraph or a telegraph line is found in the possession of a person, other than a licensee under section 4, or a person who, in course of his duty, is in possession of such wire, he shall be deemed to have committed an offence punishable under section 411 of the 7Penal Code.",
"name": "Intentionally damaging or tampering with telegraphs",
"related_acts": "",
"section_id": 29
},
{
"act_id": 55,
"details": "825A. If, in any case not provided for by section 25, any person deals with any property and thereby wilfully or negligently damages any telegraph line or post duly placed on such property in accordance with the provisions of this Act, he shall be liable to pay the telegraph authority such expenses (if any) as may be incurred in making good such damage, and shall also, if the telegraphic communication is by reason of the damage so caused interrupted, be punishable with a fine which may extend to one thousand Taka: Provided that the provisions of this section shall not apply where such damage or interruption is caused by a person dealing with any property in the legal exercise of a right if he has complied with the provisions of section 19A (1).",
"name": "Injury to or interference with a telegraph line or post",
"related_acts": "",
"section_id": 30
},
{
"act_id": 55,
"details": "26. If any telegraph officer, or any person, not being a telegraph officer but having official duties connected with any office which is used as a telegraph office,- (a)\twilfully secretes, makes away with or alters any message which he has received for transmission or delivery, or (b)\twilfully and otherwise than in obedience to an order of the Government or of a Government, or of an officer specially authorised by the Government to make the order, omits to transmit, or intercepts or detains, any message or any part thereof, or otherwise than in pursuance of his official duty or in obedience to the direction of a competent Court, discloses the contents or any part of the contents of any message, to any person not entitled to receive the same, or (c)\tdivulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same, he shall be punished with imprisonment for a term which may extend to three years or with fine, or with both.",
"name": "Telegraph officer or other official making away with or \taltering or unlawfully intercepting or disclosing messages, \tor divulging purport of signals",
"related_acts": "",
"section_id": 31
},
{
"act_id": 55,
"details": "27. If any telegraph officer transmits by telegraph any message on which the charge prescribed by the Government, or by a person licensed under this Act, as the case may be, has not been paid, intending thereby to defraud the Government or that person, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.",
"name": "Telegraph officer fraudulently sending messages without \tpayment",
"related_acts": "",
"section_id": 32
},
{
"act_id": 55,
"details": "28. If any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office, is guilty of any act of drunkenness, carelessness or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or if any telegraph officer loiters or delays in the transmission or delivery of any message, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred Taka or with both.",
"name": "Misconduct",
"related_acts": "",
"section_id": 33
},
{
"act_id": 55,
"details": "29. If any person transmits or causes to be transmitted by telegraph a message which he knows or has reason to believe to be false or fabricated, or a message which is indecent or obscene, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.",
"name": "Sending fabricated or obscene messages",
"related_acts": "",
"section_id": 34
},
{
"act_id": 55,
"details": "929A. If any person, without due authority,- (a)\tmakes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under the authority of, the Director General, Bangladesh Telegraph and Telephone Department, or (b)\tmakes on any document any mark in imitation of, or similar to, or purporting to be, any stamp or mark of any telegraph office under the Director General, Bangladesh Telegraph and Telephone Department, or a mark of a nature reasonably calculated to cause it to be believed that the document so marked has been issued by, or under the authority of, the Director General, Bangladesh Telegraph and Telephone Department, he shall be punished with fine which may extend to fifty Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 35
},
{
"act_id": 55,
"details": "30. If any person fraudulently retains, or wilfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.",
"name": "Retaining a message delivered by mistake",
"related_acts": "",
"section_id": 36
},
{
"act_id": 55,
"details": "31. A telegraph officer shall be deemed a public servant within the meaning of sections 161, 162,163,164 and 165 of the 10Penal Code; and in the definition of “legal remuneration” contained in the said section 161, the word “Government” shall, for the purposes of this Act, be deemed to include a person licensed under this Act.",
"name": "Bribery",
"related_acts": "",
"section_id": 37
},
{
"act_id": 55,
"details": "32. Whoever attempts to commit any offence punishable under this Act shall be punished with the punishment herein provided for the offence.",
"name": "Attempt to commit offences",
"related_acts": "",
"section_id": 38
},
{
"act_id": 55,
"details": "33. (1) Whenever it appears to the Government that any act causing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committed in any place, and that the employment of an additional police-force in that place is thereby rendered necessary, the Government may send such additional police-force as it thinks fit to the place, and employ the same therein so long as, in the opinion of that Government, the necessity of doing so continues. (2) The inhabitants of the place shall be charged with the cost of the additional police-force, and the District Magistrate shall, subject to the orders of the Government, assess the proportion in which the cost shall be paid by the inhabitants according to his judgment of their respective means. (3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of a Magistrate by distress and sale of the moveable property of the defaulter within the local limits of his jurisdiction, or by suit in any competent Court. (4) The Government may, by order in writing, define the limits of any place for the purposes of this section.",
"name": "Power to employ additional police in places where \tmischief to telegraphs is repeatedly committed",
"related_acts": "",
"section_id": 39
},
{
"act_id": 55,
"details": "34. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 40
}
],
"text": "1♣An Act to amend the law relating to Telegraphs in Bangladesh. WHEREAS it is expedient to amend the law relating to telegraphs in Bangladesh. It is hereby enacted as follows:-"
} |
{
"id": 56,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Central Government” or “Provincial Government” or “Central Government or the Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Section 2 was substituted, for the former section 2 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “The Government” were substituted, for the words “Each Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “The” was substituted, for the word “Each” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “The” was substituted, for the word “Each” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The words “or in any Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words and commas “or, if he resides within any Acceding States, to such one of the Registrars General as aforesaid as the Central Government, by notification in the official Gazette, directs in this behalf” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words “The Government” were substituted, for the words and commas “The Provincial Government, for each Province, and the Central Government, for citizens of Pakistan in Acceding State” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Clause (g) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Births, Deaths and Marriages Registration Act, 1886",
"num_of_sections": 19,
"published_date": "8th March, 1886",
"related_act": [
56,
27,
430
],
"repelled": false,
"sections": [
{
"act_id": 56,
"details": "1. (1) This Act may be called the Births, Deaths and Marriages Registration Act, 1886; and (2) It shall come into force on such day as the Government by notification in the official Gazette, directs.",
"name": "Short title and commencement",
"related_acts": "56",
"section_id": 1
},
{
"act_id": 56,
"details": "22. It extends to the whole of Bangladesh.",
"name": "Local extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 56,
"details": "3. In this Act, unless there is something repugnant in the subject or context,- “sign” includes mark, when the person making the mark is unable to write his name: “prescribed” means prescribed by a rule made under this Act: and “Registrar of Births and Deaths” means a Registrar of Births and Deaths appointed under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 56,
"details": "4. Nothing in this Act, or in any rule made under this Act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.",
"name": "Saving of local laws",
"related_acts": "",
"section_id": 4
},
{
"act_id": 56,
"details": "5. All powers conferred by this Act may be exercised from time to time as occasion requires.",
"name": "Powers exercisable from time to time",
"related_acts": "",
"section_id": 5
},
{
"act_id": 56,
"details": "6. 3The Government- (a)\tshall establish a general registry office for keeping such certified copies of registers of births and deaths registered under this Act, or marriages registered under Act III of 1872 (to provide a form of marriage in certain cases) or the Christian Marriage Act, 1872, or under the Parsi Marriage and Divorce Act, 1865, as may be sent to it under this Act, or under any of the three last-mentioned Acts, as amended by this Act; and (b)\tmay appoint to the charge of that office an officer, to be called the Registrar General of Births, Deaths and Marriages, for the territories under its administration.",
"name": "Establishment of general registry offices and appointment \tof Registrars General",
"related_acts": "27",
"section_id": 6
},
{
"act_id": 56,
"details": "7. 4The Registrar General of Births, Deaths and Marriages shall cause indexes of all the certified copies of registers sent to his office under this Act, or under Act III of 1872, the Christian Marriage Act, 1872, or the Parsi Marriage and Divorce Act, 1865, as amended by this Act, to be made and kept in his office in the prescribed form.",
"name": "Indexes to be kept at general registry office",
"related_acts": "27",
"section_id": 7
},
{
"act_id": 56,
"details": "8. Subject to the payment of the prescribed fees, the indexes so made shall be at all reasonable times open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them.",
"name": "Indexes to be open to inspection",
"related_acts": "",
"section_id": 8
},
{
"act_id": 56,
"details": "9. A copy of an entry given under the last foregoing section shall be certified by the Registrar General of Births, Deaths and Marriages, or by an officer authorised in this behalf by the Government, and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.",
"name": "Copies of entries to be admissible in evidence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 56,
"details": "10. 5The Registrar General of Births, Deaths and Marriages shall exercise a general superintendence over the Registrars of Births and Deaths in the territories for which he is appointed.",
"name": "Superintendence of Registrars by Registrar General",
"related_acts": "",
"section_id": 10
},
{
"act_id": 56,
"details": "11-28. Repealed by section 24 of the Births and Deaths Registration Act, 2004 (Act No. XXIX of 2004).",
"name": "Repealed",
"related_acts": "",
"section_id": 11
},
{
"act_id": 56,
"details": "29-31. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 12
},
{
"act_id": 56,
"details": "32. If any person in Bangladesh 6* * *, has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in section 11, sub-section (1), or of any register or record of marriage of any persons of the classes to which Act III of 1872 or the Christian Marriage Act, 1872, or the Parsi Marriage and Divorce Act, 1865, applies, and if such register or record has been made otherwise than in performance of a duty specially enjoined by the law of the country in which the Register or record was kept, he may, at any time before the first day of April, 1891, send the register or record to the office of the Registrar General of Births, Deaths and Marriages for the territories within which he resides 7* * *",
"name": "Permission to persons having custody of certain records to \tsend them within one year to Registrar General",
"related_acts": "27",
"section_id": 13
},
{
"act_id": 56,
"details": "Sections 33, 34, 35 and 35A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 14
},
{
"act_id": 56,
"details": "34.Sections 33, 34, 35 and 35A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 15
},
{
"act_id": 56,
"details": "35.Sections 33, 34, 35 and 35A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 16
},
{
"act_id": 56,
"details": "35A.Sections 33, 34, 35 and 35A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 17
},
{
"act_id": 56,
"details": "36.(1) 8The Government, may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) fix the fees payable under this Act; (b)\tprescribe the forms required for the purposes of this Act; (c)\tprescribe the time within which, and the mode in which, persons authorised under this Act to give notice of a birth or death to a Registrar of Births and Deaths must give the notice; (d)\tprescribe the evidence of identity to be furnished to a Registrar of Births and Deaths by persons giving notice of a birth or death in cases where personal attendance before such Registrar is dispensed with; (e)\tprescribe the registers to be kept and the form and manner in which Registrars of Births and Deaths are to register births and deaths under this Act, and the intervals at which they are to send to the Registrar General of Births, Deaths and Marriages true copies of the entries of births and deaths in the registers kept by them; (f)\tprescribe the conditions and circumstances on and in which Registrars of Births and Deaths may correct entries of births and deaths in registers kept by them; 9* * * (h)\tprescribe the custody in which those registers or records are to be kept. (3) Every power to make rules conferred by this Act is subject to the condition of the rules being made after previous publication. (4) All rules made under this Act shall be published in the official Gazette, and on such publication shall have effect as if enacted in this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 18
},
{
"act_id": 56,
"details": "37. Repealed by section 5 of the Birth, Deaths and Marriages Registration Amendment Act, 1911 (Act No. IX of 1911).",
"name": "Repealed",
"related_acts": "",
"section_id": 19
}
],
"text": "1♣An Act to provide for the voluntary Registration of certain Births and Deaths, for the establishment of General Registry Offices for keeping Registers of certain Births, Deaths and Marriages, and for certain other purposes. WHEREAS it is expedient to provide for the voluntary registration of births and deaths among certain classes of persons, for the more effectual registration of those births and deaths and of the marriages registered under Act III of 1872, or the Christian Marriage Act, 1872, and of certain marriages registered under the Parsi Marriage and Divorce Act, 1865, and for the establishment of general registry offices for keeping registers of those births, deaths and marriages; AND WHEREAS it is also expedient to provide for the authentication and custody of certain existing registers made otherwise than in the performance of a duty specially enjoined by the law of the country in which the registers were kept, and to declare that copies of the entries in those registers shall be admissible in evidence; It is hereby enacted as follows:-"
} |
{
"id": 57,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bangladesh” was substituted, for the words “such local areas” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, figures and commas “section 99 of the Code of Civil Procedure, 1908,” were substituted, for the words and figure “section 578 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, figures and commas “section 115 of the Civil Procedure Code, 1908,” were substituted, for the words and figure “section 622 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Suits Valuation Act, 1887",
"num_of_sections": 12,
"published_date": "11th February, 1887",
"related_act": [
430,
21,
53,
54,
55,
57,
86
],
"repelled": false,
"sections": [
{
"act_id": 57,
"details": "1. This Act may be called the Suits Valuation Act, 1887.",
"name": "Title",
"related_acts": "57",
"section_id": 1
},
{
"act_id": 57,
"details": "2. This part shall extend to 2Bangladesh and come into force therein on such dates, as the Government, by notification in the official Gazette, directs.",
"name": "Extent and commencement of Part I",
"related_acts": "",
"section_id": 2
},
{
"act_id": 57,
"details": "3. (1) The Government may make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court-fees Act, 1870, section 7, paragraphs v and vi, and paragraph x, clause (d). (2) The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area and may prescribe different values for different places within the same local area.",
"name": "Power for Government to make rules determining value \tof land for jurisdictional purposes",
"related_acts": "21",
"section_id": 3
},
{
"act_id": 57,
"details": "4. Where a suit mentioned in the Court-fees Act, 1870, section 7, paragraph iv, or Schedule II, article 17, relates to land or an interest in land of which the value has been determined by rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or interest as determined by those rules.",
"name": "Valuation of relief in certain suits relating to land not to \texceed the value of the land",
"related_acts": "21",
"section_id": 4
},
{
"act_id": 57,
"details": "5. (1) The Government shall, before making rules under section 3, consult the 3Supreme Court with respect thereto. (2) A rule under that section shall not take effect till the expiration of one month after the rule has been published in the official Gazette.",
"name": "Making and enforcement of rules",
"related_acts": "",
"section_id": 5
},
{
"act_id": 57,
"details": "6. Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Repealed",
"related_acts": "",
"section_id": 6
},
{
"act_id": 57,
"details": "7. This Part extends to the whole of Bangladesh, and shall come into force on the first day of July, 1887.",
"name": "Extent and commencement of Part II",
"related_acts": "",
"section_id": 7
},
{
"act_id": 57,
"details": "8. Where in suits other than those referred to in the Court-fees Act, 1870, section 7, paragraphs v, vi and ix, and paragraph x, clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.",
"name": "Court-fee value and jurisdictional value to be the same in \tcertain suits",
"related_acts": "21,21",
"section_id": 8
},
{
"act_id": 57,
"details": "9. When the subject-matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870, section 7, paragraphs v and vi and paragraph x, clause (d), is such that in the opinion of the 4Supreme Court it does not admit of being satisfactorily valued the 5Supreme Court may, with the previous sanction of the Government, direct that suits of that class shall, for the purposes of the Court-fees Act, 1870, and of this Act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the 6Supreme Court thinks fit to specify in this behalf.",
"name": "Determination of value of certain suits by Supreme Court",
"related_acts": "21,21",
"section_id": 9
},
{
"act_id": 57,
"details": "10. Repealed by section 2 and Schedule I of the Amending Act, 1891 (Act No. XII of 1891).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
},
{
"act_id": 57,
"details": "11. (1) Notwithstanding anything in 7section 99 of the Code of Civil Procedure, 1908, an objection that by reason of the over-valuation or under-valuation of a suit or appeal a Court of first instance or lower appellate Court which had not jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate Court unless- (a)\tthe objection was taken in the Court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate Court in the memorandum of appeal to that Court, or (b)\tthe appellate Court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was over-valued or under-valued, and that the over-valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits. (2) If the objection was taken in the manner mentioned in clause (a) of sub-section (1), but the appellate Court is not satisfied as to both the matters mentioned in clause (b) of that sub-section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the Court of first instance or lower appellate Court. (3) If the objection was taken in that manner and the appellate Court is satisfied as to both those matters and has not those materials before it, it shall proceed to deal with the appeal under the rules applicable to the Court with respect to the hearing of appeals; but if it remands the suit or appeal, or frames and refers issues for trail, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit or appeal. (4) The provisions of this section with respect to an appellate Court shall, so far as they can be made applicable, apply to a Court exercising revisional jurisdiction under 8section 115 of the Civil Procedure Code, 1908, or other enactment for the time being in force. (5) This section extends to the whole of Bangladesh, and shall come into force on the first day of July, 1887.",
"name": "Procedure where objection is taken on appeal or revision \tthat a suit or appeal was not properly valued for \tjurisdictional purposes",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 57,
"details": "12. Nothing in Part I or Part II shall be construed to affect the jurisdiction of any Court- (a)\twith respect to any suit instituted before rules under Part I applicable to the valuation of the suit take effect, or Part II has come into force, as the case may be, or (b)\twith respect to any appeal arising out of any such suit.",
"name": "Proceedings pending at commencement of Part I or Part II",
"related_acts": "",
"section_id": 12
}
],
"text": "1♣An Act to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto. WHEREAS it is expedient to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto; It is hereby enacted as follows:-"
} |
{
"id": 58,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” or “Tk.” were substituted, for the words “Pakistan”, “Provincial Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure “or of village munsifs under the Dekkan Agriculturists Relief Act, 1879” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words, comma and figure “Code of Civil Procedure, 1908.” were substituted, for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “twenty five thousand Taka” were substituted, for the words “twelve thousand Taka” by section 2 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).",
"6 The words “thirty thousand Taka” were substituted, for the words “fifteen thousand Taka” by section 2 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).",
"7 The words, commas and figures “Code of Civil Procedure, 1908, Schedule 1, Order VII, rule 10” were substituted, for the words and figure “second paragraph of section 57 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration), Act, 1973 (Act No. VIII of 1973).",
"8 The words, comma and figure “Limitation Act, 1908” were substituted, for the words, comma and figure “Indian Limitation Act, 1877” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973 (Act No. VIII of 1973).",
"9 The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973 (Act No. VIII of 1973)",
"10 Sections 27A and 27B were inserted by section 3 of the Provincial Small Cause Courts (Amendment) Ordinance, 1962 (Ordinance No. LI of 1962).",
"11 The words “twenty five thousand Taka” and “thirty thousand Taka” were substituted, for the words “twelve thousand Taka” and “fifteen thousand Taka” respectively by section 3 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).",
"12 The words “twenty five thousand Taka” and “thirty thousand Taka” were substituted, for the words “twelve thousand Taka” and “fifteen thousand Taka” respectively by section 3 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).",
"13 Section 28A was inserted by section 4 of the Provincial Small Cause Courts (Amendment) Ordinance, 1962 (Ordinance No. LI of 1962)",
"14 The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 The words “High Court Division” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"17 The words “one lac Taka” were substituted, for the words “fifty thousand Taka” by section 4 of the Small Cause Courts (Amendment) Act, 1990 (Act No. XLVII of 1990).",
"18 The words, letter, commas and figures “Order XXI, rule 6 of the Code of Civil Procedure, 1908,” were substituted, for the words and figure “section 224 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The words, comma and figures “Code of Civil Procedure, 1908,” were substituted, for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Small Cause Courts Act, 1887",
"num_of_sections": 40,
"published_date": "24th February, 1887",
"related_act": [
88,
58,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 58,
"details": "1. (1) This Act may be called the 2* * * Small Cause Courts Act, 1887. (2) It extends to the whole of Bangladesh; and (3) It shall come into force on the first day of July, 1887.",
"name": "Title, extent and commencement",
"related_acts": "58",
"section_id": 1
},
{
"act_id": 58,
"details": "2. Repealed partly by the Amending Act, 1891(XII of 1891), section 2 and Schedule I, and partly by section 2 and Schedule of the Repealing Act, 1938 (I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 58,
"details": "3. Nothing in this Act shall be construed to affect- (a)\tany proceedings before or after decree in any suit instituted before the commencement of this Act; or (b)\tthe jurisdiction of a Magistrate under any law for the time being in force with respect to debts or other claims of a civil nature, 3* * *; or (c)\tany local law or any special law other than the 4Code of Civil Procedure, 1908.",
"name": "Savings",
"related_acts": "86",
"section_id": 3
},
{
"act_id": 58,
"details": "4. In this Act, unless there is something repugnant in the subject or context, “Court of Small Causes” means a Court of Small Causes constituted under this Act, and includes any person exercising jurisdiction under this Act in any such Court.",
"name": "Definition",
"related_acts": "",
"section_id": 4
},
{
"act_id": 58,
"details": "5. (1) The Government may, by order in writing, establish a Court of Small Causes at any place within the territories under its administration. (2) The local limits of the jurisdiction of the Court of Small Causes shall be such as the Government may define, and the Court may be held at such place or places within those limits as the Government may appoint.",
"name": "Establishment of Courts of Small Causes",
"related_acts": "",
"section_id": 5
},
{
"act_id": 58,
"details": "6. When a Court of Small Causes has been established there shall be appointed, by order in writing, a Judge of the Court: Provided that if the Government so direct, the same person shall be the Judge of more than one such Court.",
"name": "Judge",
"related_acts": "",
"section_id": 6
},
{
"act_id": 58,
"details": "7. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 58,
"details": "8. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 8
},
{
"act_id": 58,
"details": "9. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 9
},
{
"act_id": 58,
"details": "10. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 10
},
{
"act_id": 58,
"details": "11. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 11
},
{
"act_id": 58,
"details": "12. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 12
},
{
"act_id": 58,
"details": "13. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 13
},
{
"act_id": 58,
"details": "14. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 14
},
{
"act_id": 58,
"details": "15. (1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed 5twenty five thousand Taka shall be cognizable by a Court of Small Causes. (3) Subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed 6thirty thousand Taka shall be cognizable by a Court of Small Causes mentioned in the order.",
"name": "Cognizance of suits by Courts of Small Causes",
"related_acts": "",
"section_id": 15
},
{
"act_id": 58,
"details": "16. Save as expressly provided by this Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable.",
"name": "Exclusive jurisdiction of Courts of Small Causes",
"related_acts": "",
"section_id": 16
},
{
"act_id": 58,
"details": "17.(1) The procedure prescribed in the Code of Civil Procedure, 1908, shall, save in so far as is otherwise provided by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf, have directed. (2) Where a person has become liable as surety under the proviso to sub-section (1), the security may be realized in manner provided by section 145 of the Code of Civil Procedure, 1908.",
"name": "Application of the Code of Civil Procedure",
"related_acts": "86,86",
"section_id": 17
},
{
"act_id": 58,
"details": "18 Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 18
},
{
"act_id": 58,
"details": "19. \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 19
},
{
"act_id": 58,
"details": "20. \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 20
},
{
"act_id": 58,
"details": "21. \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 21
},
{
"act_id": 58,
"details": "22. \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 22
},
{
"act_id": 58,
"details": "23. (1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immoveable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. (2) When a court returns a plaint under sub-section (1), it shall comply with the provisions of the 7Code of Civil Procedure, 1908, Schedule I, Order VII, rule 10; and make such order with respect to costs as it deems just, and the Court shall, for the purposes of the 8Limitation Act, 1908, be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction.",
"name": "Return of plaints in suits involving questions of title",
"related_acts": "88",
"section_id": 23
},
{
"act_id": 58,
"details": "24. Where an order specified in clause (ff) or clause (h) of sub-section (1) of section 104 of the Code of Civil Procedure, 1908, is made by a Court of Small Causes, an appeal therefrom shall lie to the District court on any ground on which an appeal from such order would lie under that section.",
"name": "Appeal from certain orders of Courts of Small Causes",
"related_acts": "86",
"section_id": 24
},
{
"act_id": 58,
"details": "25. The 9High Court Division, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit.",
"name": "Revision of decrees and orders of Courts of Small Causes",
"related_acts": "",
"section_id": 25
},
{
"act_id": 58,
"details": "26. Repealed by section 4 of the Presidency Small Cause Courts Law Amendment Act, 1888 (Act No. X of 1888),.",
"name": "Repealed",
"related_acts": "",
"section_id": 26
},
{
"act_id": 58,
"details": "27. Save as provided by this Act, a decree or order made under the foregoing provisions of this Act by a Court of Small Causes shall be final.",
"name": "Finality of decrees and orders",
"related_acts": "",
"section_id": 27
},
{
"act_id": 58,
"details": "1027A. (1) Any person claiming to be entitled to arrears of rent of any house or premises situate within the local limits of the Court's jurisdiction of which the annual rent does not exceed 11twenty five thousand Taka or, where the Court is empowered under sub-section (3) or section 15, 12thirty thousand Taka may apply to the Court for a distress warrant. (2) The application shall be supported by an affidavit or affirmation to the effect of Form A given in the Third Schedule. (3) Nothing in this section shall apply to- (a)\tany rent due to Government; (b)\tany rent which has been due for more than twelve months before the application mentioned in sub-section (1) is made.",
"name": "Application for distress warrant",
"related_acts": "",
"section_id": 28
},
{
"act_id": 58,
"details": "27B. (1) The debtor or any other person alleging himself to be the owner of any property seized under a distress warrant under section 27A may, at any time within five days or such extended time as the Court may grant for reasons recorded in writing from such seizure, apply to the Court to discharge or suspend the warrant, or to release a distrained article and the court may discharge or suspend such warrant or release such article accordingly, upon such terms as it thinks just and the Court may, in its discretion, give reasonable time to the debtor to pay the rent due from him. (2) Upon any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court and shall be paid as the Court directs.",
"name": "Application to discharge or suspend warrant",
"related_acts": "",
"section_id": 29
},
{
"act_id": 58,
"details": "1328A. (1) Where a District Court is satisfied that any particular suit cannot be adequately tried by a Court of Small Causes it may withdraw such suit from that Court and- (i) \ttry or dispose of that suit itself, or (ii) \ttransfer such suit to another Court subordinate to the District Court. (2) Where any suit is so withdrawn, the District Court or the Court to which such suit is transferred shall try and dispose of the same as if such suit were not cognizable by a Court of Small Causes.",
"name": "Power of District Court to withdraw and transfer cases",
"related_acts": "",
"section_id": 30
},
{
"act_id": 58,
"details": "28. (1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the 14High Court Division, and shall- (a)\tkeep such registers, books and accounts as the 15High Court Division from time to time prescribes, and (b)\tcomply with such requisitions as may be made by the District Court, the 16High Court Division or the Government for records, returns and statements in such form and manner as the authority making the requisition directs. (2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an original suit of the value of 17one lac Taka in that portion of the territories administered by the Government in which the Court of Small Causes is established.",
"name": "Subordination of Courts of Small Causes",
"related_acts": "",
"section_id": 31
},
{
"act_id": 58,
"details": "29. A Court of Small Causes shall use a seal of such form and dimensions as are prescribed by the Government.",
"name": "Seal",
"related_acts": "",
"section_id": 32
},
{
"act_id": 58,
"details": "30. The Government may, by order in writing, abolish a Court of Small Causes.",
"name": "Abolition of Courts of Small Causes",
"related_acts": "",
"section_id": 33
},
{
"act_id": 58,
"details": "31.(1) Nothing in this Act shall be construed to prevent the appointment of a person who is a Judge or Additional Judge of a Court of Small Causes to be also a Judge of any other Civil Court or to be a Magistrate of any class or to hold any other public office. (2) When a Judge or Additional Judge is so appointed, the ministerial officers of his Court shall, subject to any rules which the Government may make in this behalf, be deemed to be ministerial officers appointed to aid him in the discharge of the duties of the other office.",
"name": "Saving of Power to appoint Judge of Court of Small \tCauses to other office",
"related_acts": "",
"section_id": 34
},
{
"act_id": 58,
"details": "32. (1) So much of Chapters III and IV as relates to- (a)\tthe nature of the suits cognizable by Courts of Small Causes, (b)\tthe exclusion of the jurisdiction of other Courts in those suits, (c)\tthe practice and procedure of Courts of Small Causes, (d)\tappeal from certain orders of those Courts and revision of cases decided by them, and (e)\tthe finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts. (2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.",
"name": "Application of Act to Courts invested with jurisdiction of \tCourts of Small Causes",
"related_acts": "",
"section_id": 35
},
{
"act_id": 58,
"details": "33. A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the Code of Civil Procedure, be deemed to be different Courts.",
"name": "Application of Act and Code to Court so invested as to \ttwo Courts",
"related_acts": "",
"section_id": 36
},
{
"act_id": 58,
"details": "34. Notwithstanding anything in the last two foregoing sections,- (a)\twhen in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, or (b)\twhen a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes, the documents mentioned in 18Order XXI, rule 6 of the Code of Civil Procedure, 1908, shall not be sent with the decree unless in any case the Court, by order in writing, requires them to be sent.",
"name": "Modification of Code as so applied",
"related_acts": "86",
"section_id": 37
},
{
"act_id": 58,
"details": "35. (1) Where a Court of Small Causes, or a Court invested with the jurisdiction of a Court of Small Causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit. (2) Nothing in this section applies to cases for which special provision is made in the 19Code of Civil Procedure, 1908, as extended to Courts of Small Causes or in any other enactment for the time being in force.",
"name": "Continuance of proceedings of abolished Courts",
"related_acts": "86",
"section_id": 38
},
{
"act_id": 58,
"details": "36. Repealed by the Limitation Act, 1908 (Act No. IX of 1908).",
"name": "Repealed",
"related_acts": "88",
"section_id": 39
},
{
"act_id": 58,
"details": "37. All orders required by this Act to be made in writing by the Government shall be published in the official Gazette.",
"name": "Publication of certain orders",
"related_acts": "",
"section_id": 40
}
],
"text": "1♣An Act to consolidate and amend the law relating to Courts of Small Causes WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes; It is hereby enacted as follows:-"
} |
{
"id": 59,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka” and \"High Court Division\" were substituted, for the words “East Pakistan”, “Provincial Government”, “rupees” and \"High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words “East Bengal” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word “thereof” was substituted, for the words “of that province” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words “of East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “or East Bengal Civil Court Act” were inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 Section 3 was substituted, for section 3 by section 2 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"7 Section 4 was substituted, for section 3 by section 3 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"8 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"9 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"10 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"11 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"12 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"13 The words “Joint District” were substituted, for the word “Subordinate” by section 4 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"14 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"15 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"16 The words “Additional District” were substituted, for the word “Additional” by section 5 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"17 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).",
"18 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).",
"19 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"20 The words “Additional District” were substituted, for the word “Additional” by section 6 of the Civil Courts (Amendment) Act, 2001 (Act No XLIX of 2001).",
"21 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"22 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"23 The words “Joint District” were substituted, for the word “Subordinate” by sections 6 and 7 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"24 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"25 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"26 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"27 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"28 The words “Joint District” were substituted, for the word “Subordinate” by sections 7 and 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"29 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"30 The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"31 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"32 The words “Joint District” were substituted, for the word “Subordinate” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"33 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"34 The words “Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge or Assistant Judge” were substituted, for the words “Subordinate Judge or Assistant Judge is a Subordinate Judge or Assistant Judge” by section 8 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"35 The words “Joint District” were substituted, for the word “Subordinate” by section 9 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"36 Section 19 was substituted by section 2 of The Civil Courts (Amendment) Act, 2021 (Act No. V of 2021).",
"37 The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"38 The words “Additional District” were substituted, for the word “Additional” by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"39 The marginal heading was substituted, for the former marginal heading by section 11 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"40 The marginal heading was substituted, for the former marginal heading by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"41 Sub-section (1) and (1A) were substituted by section 3 of The Civil Courts (Amendment) Act, 2021 (Act No. V of 2021).",
"42 The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"43 The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"44 The words “Additional District” were substituted, for the word “Additional” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"45 The words “Senior Assistant Judge or an Assistant Judge” were substituted, for the words “Assistant Judge” by section 12 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"46 The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"47 The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"48 The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"49 The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"50 The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"51 The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"52 The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"53 The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"54 Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.",
"55 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"56 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"57 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"58 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"59 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"60 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"61 Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"62 In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)",
"63 The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"64 The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"65 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"66 The words, brackets and figures “twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” were substituted, for the words, brackets and figure “ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge” by section 4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990).",
"67 The words “Joint District” were substituted, for the word “Subordinate” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"68 The words “a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge” were substituted, for the words “an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).",
"69 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"70 The word “Muslim” was substituted, for the word “Muhammadan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"71 The words, figures and comma “section 24 of the Code of Civil Procedure, 1908” were substituted, for the words and figure “section 25 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"72 The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Civil Courts Act, 1887",
"num_of_sections": 32,
"published_date": "11th March 1887",
"related_act": [
64,
58,
138,
430,
86,
1370
],
"repelled": false,
"sections": [
{
"act_id": 59,
"details": "1. (1) This Act may be called the 2* * * Civil Courts Act. (2) It extends to Bangladesh except such portions 3thereof as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4* * *; and (3) It shall come into force on the first day of July, 1887.",
"name": "Title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 59,
"details": "2. (1) 5Repealed by the Amendment Act, 1891 (Act No. XII of 1891). (2) Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule. (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or East Bengal Civil Court Act or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.",
"name": "Repealed",
"related_acts": "430",
"section_id": 2
},
{
"act_id": 59,
"details": "63. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant Judge.",
"name": "Classes of Civil Courts",
"related_acts": "",
"section_id": 3
},
{
"act_id": 59,
"details": "74. The Government may alter the number of District Judges, Additional District Judges, Joint District Judges, Senior Assistant Judges and Assistant Judges now fixed.",
"name": "Number of Judges",
"related_acts": "",
"section_id": 4
},
{
"act_id": 59,
"details": "5. Repealed by the Decentralization Act, 1914 (Act No. IV of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 5
},
{
"act_id": 59,
"details": "6. (1) Whenever the office of District Judge or 8Joint District Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever an increase in the number of District or 9Joint District Judges has been made under the provisions of section 4, the Government or, as the case may be, the High Court Division may fill up the vacancy or appoint the Additional District Judges or 10Joint District Judges. (2) Nothing in this section shall be construed to prevent a Government from appointing a District Judge or 11Joint District Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or 12Joint District Judge, all or any of the functions of another District Judge or 13Joint District Judge, as the case may be.",
"name": "Vacancies among District or Joint District Judges",
"related_acts": "",
"section_id": 6
},
{
"act_id": 59,
"details": "7. Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 59,
"details": "8.(1) When the business pending before any District Judge requires the aid of 14Additional District Judges for its speedy disposal, the Government may, having consulted the High Court Division, appoint such 15Additional District Judges as may be requisite. (2) 16Additional District Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.",
"name": "Additional District Judges",
"related_acts": "",
"section_id": 8
},
{
"act_id": 59,
"details": "9. Subject to the superintendence of the High Court Division, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.",
"name": "Administrative control of Courts",
"related_acts": "",
"section_id": 9
},
{
"act_id": 59,
"details": "10. (1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the 17Additional District Judges, or, if an 18Additional District Judge is not present at that place, the senior 19Joint District Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto. (2) While in charge of the office of the District Judge, the 20Additional District Judge or 21Joint District Judge, as the case may be, may, subject to any rules which the High Court Division may make in this behalf, exercise any of the powers of the District Judge.",
"name": "Temporary charge of District Court",
"related_acts": "",
"section_id": 10
},
{
"act_id": 59,
"details": "11. (1) In the event of the death, resignation or removal of a 22Joint District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the 23Joint District Judge either to his own Court or to any Court under his administrative control competent to dispose of them. (2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred: (3) Provided that the District Judge may re-transfer to the Court of the 24Joint District Judge or his successor any proceedings transferred under sub-section (1) to his own or any other Court. (4) For the purposes of proceedings which are not pending in the Court of the 25Joint District Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.",
"name": "Transfer of proceedings on vacation of office of Joint \tDistrict Judge",
"related_acts": "",
"section_id": 11
},
{
"act_id": 59,
"details": "12. Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 12
},
{
"act_id": 59,
"details": "13. (1) The Government may, by notification in the official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act. (2) If the same local jurisdiction is assigned to two or more 26Joint District Judges or to two or more 27Senior Assistant Judges or Assistant Judges, the District Judge may assign to each of them such civil business cognizable by the 28Joint District Judge or 29Senior Assistant Judge or Assistant Judge, as the case may be, as, subject to any general or special orders of the High Court Division, he thinks fit. (3) When civil business arising in any local area is assigned by the District Judge under sub-section (2) to one of two or more 30Joint District Judges or to one of two or more 31Senior Assistant Judges or Assistant Judges, a decree or order passed by the 32Joint District Judge or 33Senior Assistant Judge or Assistant Judge shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the Government under sub-section (I). (4) A Judge of a Court of Small Causes appointed to be also a 34Joint District Judge or Senior Assistant Judge or Assistant Judge is a Joint District Judge or Senior Assistant Judge or Assistant Judge, as the case may be, within the meaning of this section. (5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.",
"name": "Power to fix local limits of jurisdiction of Courts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 59,
"details": "14. (1) The Government may, by notification in the official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held. (2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.",
"name": "Place of sitting of Courts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 59,
"details": "15. (1) Subject to such orders as may be made by the Government the High Court Division shall prepare a list of days to be observed in each year as closed holidays in the Civil Courts. (2) The list shall be published in the official Gazette. (3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.",
"name": "Vacations of Courts",
"related_acts": "",
"section_id": 15
},
{
"act_id": 59,
"details": "16. Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the Government.",
"name": "Seals of Courts",
"related_acts": "",
"section_id": 16
},
{
"act_id": 59,
"details": "17. (1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceedings in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred. (2) Nothing in this section applies to cases for which provision is made in sections 36, 37 and 114 of, and rule 1 of Order XLVII in Schedule I to the Code of Civil Procedure, 1908, or in any other enactment for the time being in force.",
"name": "Continuance of proceedings of Courts ceasing to have \tjurisdiction",
"related_acts": "86",
"section_id": 17
},
{
"act_id": 59,
"details": "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or 35Joint District Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure, 1908 to all original suits for the time being cognizable by Civil Courts.",
"name": "Extent of original jurisdiction of District or Joint District \tJudge",
"related_acts": "86",
"section_id": 18
},
{
"act_id": 59,
"details": "3619. (1) Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a Senior Assistant Judge and an Assistant Judge shall extend to all suits of which the value does not exceed 25 (twenty five) lac Taka and 15 (fifteen) lac Taka respectively.(2) The District Judge shall transfer the suit or proceeding pending before the Joint District Judge Court or the Senior Assistant Judge Court to the competent court within 90 (ninety) days from the date of enforcement of the Civil Courts (Amendment) Act, 2021.(3) If any suit or proceeding is transferred under sub-section (2), the suit or proceeding shall start from the stage at which it was transferred.",
"name": "Extent of jurisdiction of Senior Assistant Judge, etc.",
"related_acts": "1370",
"section_id": 19
},
{
"act_id": 59,
"details": "20. (1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of a District Judge or 38Additional District Judge shall lie to the High Court Division. (2) An appeal shall not lie to the High Court Division from a decree or order of an 39Additional District Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.",
"name": "Appeal from District and Additional District Judges",
"related_acts": "",
"section_id": 20
},
{
"act_id": 59,
"details": "21.41(1) Save as aforesaid, an appeal from a decree or order of a Joint District Judge shall lie-(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed 5 (five) crore Taka; and(b) to the High Court Division in any other case.(1A) No appeal or proceeding pending before the High Court Division shall be transferred to the District Judge only because of the enhancement of pecuniary jurisdiction of a District Judge by the Civil Courts (Amendment) Act, 2021. (2) Save as aforesaid, an appeal from a decree or order of a 42Senior Assistant Judge or an Assistant Judge shall lie to the District Judge. (3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an 43Additional District Judge, the appeals may be preferred to the 44Additional District Judge. (4) The High Court Division may, with the previous sanction of the Government, direct, by notification in the official Gazette, that appeals lying to the District Judge under sub-section (2) from all or any of the decrees or orders of any 45Senior Assistant Judge or an Assistant Judge, shall be preferred to the Court of such 46Joint District Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.",
"name": "Appeal from Joint District Judge, etc.",
"related_acts": "1370",
"section_id": 21
},
{
"act_id": 59,
"details": "22.(1) A District Judge may transfer to any 48Joint District Judge under his administrative control any appeals 22.(1) A District Judge may transfer to any 49Joint District Judge under his administrative control any appeals pending before him from the decrees or orders of Senior Assistant Judges or Assistant Judges.(2) The District Judge may withdraw any appeal so transferred, and either hear and depose of it himself or transfer it to a Court under his administrative control competent to dispose of it. (3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge.",
"name": "Power of District Judge to transfer appeals",
"related_acts": "",
"section_id": 22
},
{
"act_id": 59,
"details": "23.(1) The High Court Division may, by general or special order, authorise any 50Joint District Judge or 51Senior Assistant Judge or Assistant Judge to take cognizance of, or any District Judge to transfer to a 52Joint District Judge or 53Senior Assistant Judge or Assistant Judge under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order. (2) The proceedings referred to in sub-section (1) are the following, namely:- (a) \tProceedings under the Bengal Wills and Intestacy Regulation, 1799; (b)-(c) Repealed by the Guardians and Wards Act, 1890 (Act VIII of 1890). (d) \tProceedings under the Succession Act, 1925, which cannot be disposed of by District Delegates; and 54* * *. (3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a 55Joint District Judge or 56Senior Assistant Judge or Assistant Judge, and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.",
"name": "Exercise by Joint District Judge or Senior Assistant Judge \tor Assistant Judge of Jurisdiction of District Court in \tcertain proceedings",
"related_acts": "64,138",
"section_id": 23
},
{
"act_id": 59,
"details": "24. (1) Proceedings taken cognizance of by, or transferred to, a 57Joint District Judge or 58Senior Assistant Judge or Assistant Judge, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge: Provided that an appeal from an order of a 59Senior Assistant Judge or Assistant Judge in any such proceeding shall lie to the District Judge. (2) An appeal from the order of the District Judge on the Appeal from the order of the 60Senior Assistant Judge or Assistant Judge under this section shall lie to the High Court Division if a further appeal from the order of the District Judge is allowed by the law for the time being in force.",
"name": "Disposal of proceedings referred to in last foregoing \tsection",
"related_acts": "",
"section_id": 24
},
{
"act_id": 59,
"details": "6125A. Where in any other law for the time being inforce any reference is made to Additional Judge, or Subordinate Judge, or Assistant Judge, the reference shall be construed respectively as to Additional District Judge, or Joint District Judge, or Senior Assistant Judge or Assistant Judge as the case may be.",
"name": "Reference of Judges in other laws",
"related_acts": "",
"section_id": 25
},
{
"act_id": 59,
"details": "25. The Government may, by notification in the official Gazette, confer, within such local limits as it thinks fit, upon any 63Joint District Judge or 64Senior Assistant Judge or Assistant Judge the jurisdiction of a Judge of a Court of Small Causes under the 65* * * Small Cause Courts Act, 1887, for the trail of suits, cognizable by such Courts, up to such value not exceeding 66twenty thousand Taka in the case of a 67Joint District Judge or ten thousand Taka in the case of 68a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge as it thinks fit, and may withdraw any jurisdiction so conferred: Provided that the Government may, by notification in the official Gazette, delegate to the High Court Division its powers under this section.",
"name": "Power to invest Joint District Judges and Senior Assistant \tJudges or Assistant Judges with Small Cause Court \tjurisdiction",
"related_acts": "58",
"section_id": 26
},
{
"act_id": 59,
"details": "26-35. Omitted by the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 27
},
{
"act_id": 59,
"details": "36. (1) The Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office,- Clause (a) Omitted by the Governor General Order 4 of 1949, Schedule. (b) \tafter consultation with the High Court Division any officer serving in any part of the territories to which this Act extends and belonging to a class defined in this behalf by the Government. (2) Nothing in sections 4, 5, 6, 8. 10 or 11 applies to any officer so invested, but all the other provisions of this Act shall, so far as those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested. (3) Omitted by East Pakistan (Amendment) Ordinance, 1962 (Ordinance No. XIII of 1962). (4) Where the place at which the Court of an officer invested with powers under sub-section (1) is to be held has not been fixed under section 14, the Court may be held at any place within the local limits of its jurisdiction.",
"name": "Power to confer powers of Civil Courts on officers",
"related_acts": "",
"section_id": 28
},
{
"act_id": 59,
"details": "37.(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the 69Muslim law in cases where the parties are 70Muslim, and the Hindu law in cases where the parties are Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished. (2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.",
"name": "Certain decisions to be according to local law",
"related_acts": "",
"section_id": 29
},
{
"act_id": 59,
"details": "38. (1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a party or in which he is personally interested. (2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decree or order passed by himself in another capacity. (3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section (2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference. (4) The superior Court shall thereupon dispose of the case under 71section 24 of the Code of Civil Procedure, 1908. (5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court Division.",
"name": "Judges not to try suits in which they are interested",
"related_acts": "86",
"section_id": 30
},
{
"act_id": 59,
"details": "39. For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and, for the purposes of the Code of Civil Procedure 1908, the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.",
"name": "Subordination of Courts to District Court",
"related_acts": "",
"section_id": 31
},
{
"act_id": 59,
"details": "40.(1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the 72* * * Small Cause Courts Act, 1887. (2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.",
"name": "Application of Act to Courts of Small Causes",
"related_acts": "58",
"section_id": 32
}
],
"text": "1♣An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 60,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Central Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Second paragraph of the Preamble was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, figures and comma “section 16 of the Customs Act, 1969” were substituted, for the words, figures and comma “section 19 of the Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The figure “1898” was substituted, for the figure “1882” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, figures and comma “section 16 of the Customs Act, 1969” were substituted, for the words, figures and comma “Section 19 of the Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words, figures and comma “section 156 of the Customs Act, 1969” were substituted, for the words, comma and figure “section 167 of the Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words, comma and figure “Customs Act, 1969” were substituted, for the words, comma and figure “Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word and figure “section 16” were substituted, for the word and figure “section 19” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word “Taka” was substituted, for the word “rupees” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Metal Tokens Act, 1889",
"num_of_sections": 9,
"published_date": "1st February, 1889",
"related_act": [
354,
75,
60,
430
],
"repelled": false,
"sections": [
{
"act_id": 60,
"details": "1.(1) This Act may be called the Metal Tokens Act, 1889. (2) It extends to the whole of Bangladesh. (3) Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Title and extent",
"related_acts": "60",
"section_id": 1
},
{
"act_id": 60,
"details": "2. In this Act “issue” means to put a piece of metal into circulation for the first time for use as money in Bangladesh such piece having been made in contravention of this Act or brought into Bangladesh by sea or by land in contravention of any notification for the time being in force under 3section 16 of the Customs Act, 1969.",
"name": "Definition",
"related_acts": "354",
"section_id": 2
},
{
"act_id": 60,
"details": "3. No piece of copper or bronze or of any other metal or mixed metal, which, whether stamped or unstamped, is intended to be used as money, shall be made except by the authority of the Government.",
"name": "Prohibition of making by private persons of pieces of metal to be used as money",
"related_acts": "",
"section_id": 3
},
{
"act_id": 60,
"details": "4. (1) In either of the following cases, namely:- (a)\tif any person makes in contravention of the last foregoing section, or issues or attempts to issue, any such piece as is mentioned in that section, (b)\tif, after the expiration of three months from the commencement of this Act, any person has in his possession, custody or control any such piece as is mentioned in the last foregoing section, with intent to issue the piece, the person shall be punished, (i)\tif he has not been previously convicted under this section, with imprisonment which may extend to one year, or with fine, or with both; or, (ii)\tif he has been previously convicted under this section, with imprisonment which may extend to three years, or with fine, or with both. (2) If any person is convicted of an offence under sub-section (1), he shall, in addition to any other punishment to which he may be sentenced, forfeit all such pieces as aforesaid, and all instruments and materials for the making of such pieces, which may have been found in his possession, custody or control. (3) If in the trial of any such offence the question arises whether any piece of metal or mixed metal was intended to be used or to be issued for use as money, the burden of proving that the piece was not intended to be so used or issued shall lie on the accused person.",
"name": "Penalty for unlawful making, issue or possession of such pieces",
"related_acts": "",
"section_id": 4
},
{
"act_id": 60,
"details": "5. (1) The offence of making, in contravention of section 3, any such piece as is mentioned in that section shall be a cognizable offence.(2) Notwithstanding anything in the Code of Criminal Procedure, 41898 no other offence punishable under section 4 shall be a cognizable offence, or be taken cognizance of by any Magistrate, except a District Magistrate or Sub-Divisional Magistrate, without the previous sanction of the District Magistrate or Sub-Divisional Magistrate.",
"name": "Cognizance of offences under the last foregoing section",
"related_acts": "",
"section_id": 5
},
{
"act_id": 60,
"details": "6. If at any time the Government sees fit, by notification under 5section 16 of the Customs Act, 1969, to prohibit or restrict the bringing by sea or by land into Bangladesh of any such pieces of metal as are mentioned in section 3, it may by the notification direct that any person contravening the prohibition or restriction shall be liable to the punishment to which he would be liable if he were convicted under this Act of making such pieces in Bangladesh instead of to the penalty mentioned in 6section 156 of the Customs Act, 1969, and that the provisions of sub-section (3) of section 4 and sub-section (1) of section 5, or of either sub-section, in relation to the offence of making such pieces shall, notwithstanding anything in the 7Customs Act, 1969, apply, so far as they can be made applicable, to the offence of contravening the prohibition or restriction notified under 8section 16 of that Act.",
"name": "Application of certain of the foregoing provisions of this Act to importation of pieces of metal for use as money",
"related_acts": "354,354,354",
"section_id": 6
},
{
"act_id": 60,
"details": "7. Repealed by the Code of Criminal Procedure, 1898 (Act No. V of 1898).",
"name": "Repealed",
"related_acts": "75",
"section_id": 7
},
{
"act_id": 60,
"details": "8. (1) No piece of metal which is not coin as defined in the 9Penal Code shall be received as money by or on behalf of any railway-administration or local authority. (2) If any person on behalf of a railway-administration, or on behalf of a local authority, or on behalf of the lessee of the collection of any toll or other impost leviable by a railway-administration or local authority, receives as money any piece of metal which is not such coin as aforesaid, he shall be punished with fine which may extend to ten 10Taka.",
"name": "Prohibition of receipt by local authorities and railways as money of metal which is not coin",
"related_acts": "",
"section_id": 8
},
{
"act_id": 60,
"details": "9. Repealed by the Repealing Act, 1938 (Act No. I of 1938), section 2 and Schedule.",
"name": "Repealed",
"related_acts": "",
"section_id": 9
}
],
"text": "1♣An Act for the Protection of Coinage and other purposes WHEREAS it is expedient to prohibit the making, or the possession for issue or the issue, by private persons, of pieces of metal for use as money; 2* * * It is hereby enacted as follows:-"
} |
{
"id": 61,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word “Taka” was substituted, for the word “rupees” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word “Bangladesh” was substituted, for the words “East Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)"
],
"name": "The Private Fisheries Protection Act, 1889",
"num_of_sections": 7,
"published_date": "26th June, 1889",
"related_act": [
75,
61,
430
],
"repelled": false,
"sections": [
{
"act_id": 61,
"details": "1. (1) This Act may be called the Private Fisheries Protection Act, 1889. (2) It extends to the whole of 2Bangladesh.",
"name": "Short title, and extent",
"related_acts": "61",
"section_id": 1
},
{
"act_id": 61,
"details": "2. In this Act– “fish” includes shell-fish and turtles; “fixed engine” means any net, cage, trap or other contrivance for taking fish fixed in the soil or made stationary in any other way; “private waters” means waters- (a)\twhich are the exclusive property of any person; or (b)\tin which any person has an exclusive right of fishery, and in which fish are not confined but have means of ingress or egress.",
"name": "Interpretation clause",
"related_acts": "",
"section_id": 2
},
{
"act_id": 61,
"details": "3. Any person who- (a)\tfishes in any private waters, not having a right to fish therein, (b)\terects, places, maintains or uses any fixed engine in private waters, or puts, or knowingly permits to be put, therein any matter for the purpose of catching or destroying fish without the permission of the person to whom the right of fishery therein belongs; shall be guilty of an offence, and shall be punished for a first offence with a fine not exceeding fifty Taka. and for a subsequent offence with imprisonment which may be simple or rigorous, for a term not exceeding one month or with a fine not exceeding two hundred Taka, or both: Provided that nothing herein contained shall apply to acts done by any person in the exercise of a bona fide claim of right, or shall prevent any person from angling with a rod and line or with a line only in any portion of a navigable river.",
"name": "Penalties",
"related_acts": "",
"section_id": 3
},
{
"act_id": 61,
"details": "4. (1) Any fixed engine erected, placed, maintained or used in contravention of the last preceding section, and any fish taken by means of such engine, or otherwise in contravention of this Act, shall be forfeited.",
"name": "Forfeiture of fixed engine",
"related_acts": "",
"section_id": 4
},
{
"act_id": 61,
"details": "(2) And such fixed engine may be removed or taken possession of by the Magistrate of the district, or such person as he empowers in this behalf.",
"name": "Removal of fixed engine",
"related_acts": "",
"section_id": 5
},
{
"act_id": 61,
"details": "5. Whoever enters upon land in the possession of another or upon private waters, with intent to commit any of the offences specified in section 3, shall be punished with a fine not exceeding fifty Taka.",
"name": "Entry upon the land of another or upon private waters with intent to commit an offence",
"related_acts": "",
"section_id": 6
},
{
"act_id": 61,
"details": "6. Offences committed, under this Act shall be considered to be “cognizable offences” as defined in the Code of Criminal Procedure, 1898.",
"name": "Offences under this Act considered “cognizable offences”",
"related_acts": "75",
"section_id": 7
}
],
"text": "1♣An Act for the protection of the right of fishing in private waters. WHEREAS it is expedient to provide for the protection of private rights of fishery; It is hereby enacted as follows:-"
} |
{
"id": 62,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka” and \"Penal Code\" were substituted, for the words “Pakistan”, “Central Government”, “rupees” and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words, commas and figure “Factories Act, 1934,” were substituted, for the words, commas and figures “Indian Factories Act, 1881,” by section 3 and 2nd Schedule of Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, figure and commas “section 15 of the Customs Act, 1969,” were substituted, for the words, figures and commas “section 18 of the Sea Customs Act, 1878, as amended by this Act,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, brackets, letter, figures and commas “clause (f) of section 15 of the Customs Act, 1969,” were substituted, for the words, brackets, letter, figure and commas “clause (f) of section 18 of the Sea Customs Act, 1878, as amended by the Act” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Merchandise Marks Act, 1889",
"num_of_sections": 21,
"published_date": "1st March, 1889",
"related_act": [
354,
430,
62
],
"repelled": true,
"sections": [
{
"act_id": 62,
"details": "1. (1) This Act may be called the Merchandise Marks Act, 1889. (2) It extends to the whole of Bangladesh; and (3) It shall come into force on the first day of April, 1889.",
"name": "Title, extent and commencement",
"related_acts": "62",
"section_id": 1
},
{
"act_id": 62,
"details": "2. In this Act, unless there is something repugnant in the subject or context,- (1) “trade mark” has the meaning assigned to that expression in section 478 of the Penal Code as amended by this Act: (2) “trade description” means any description, statement or other indication, direct or indirect,- (a)\tas to the number, quantity, measure, gauge or weight of any goods, or (b)\tas to the place or country in which, or the time at which, any goods were made or produced, or (c)\tas to the mode of manufacturing or producing any goods, or (d)\tas to the material of which any goods are composed, or (e)\tas to any goods being the subject of an existing patent, privilege or copyright; and the use of any numeral, word or mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act; (3) \t“false trade description” means a trade description which is untrue in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue in a material respect, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act: (4) \t“goods” means anything which is the subject of trade or manufacture: and (5) \t“name” includes any abbreviation of a name.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 62,
"details": "3. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 62,
"details": "4. (1) The provisions of this Act respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any such numerals, words or marks, or arrangement or combination thereof, whether including a trade mark or not, as are or is reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise ofsome person other than the person whose manufacture or merchandise they really are, and to goods having such numerals, words or marks, or arrangement or combination, applied thereto. (2) The provisions of this Act respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression false name or initials means as applied to any goods any name of initials- (a)\tnot being a trade mark, or part of a trade mark, and (b)\tbeing identical with, or a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description and not having authorised the use of such name or initials. (3) A trade description which denotes or implies that there are contained in any goods to which it is applied more yards, feet or inches than there are contained therein standard yards, standard feet or standard inches is a false trade description.",
"name": "Provisions supplemental to the definition of false trade \tdescription",
"related_acts": "",
"section_id": 4
},
{
"act_id": 62,
"details": "5. (1) A person shall be deemed to apply a trade description to goods who- (a)\tapplies it to the goods themselves, or (b)\tapplies it to any covering, label, reel or other thing in or with which the goods are sold or are exposed or had in possession for sale or any purpose of trade or manufacture, or (c)\tplaces, encloses or annexes any goods which are sold, or are exposed or had in possession for sale or any purpose of trade or manufacture, in, with or to any covering, label, reel or other thing to which a trade description has been applied, or (d)\tuses a trade description in any manner reasonably calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade description. (2) A trade description shall be deemed to be applied whether it is woven, impressed or otherwise worked into or annexed or affixed to the goods or any covering, label, reel or other thing. (3) The expression “covering” includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper, and the expression “label” includes any band or ticket.",
"name": "Application of trade descriptions",
"related_acts": "",
"section_id": 5
},
{
"act_id": 62,
"details": "6. If a person applies a false trade description to goods, he shall, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred Taka, and in the case of a second or subsequent conviction with imprisonment which may extend to one year, or with fine, or with both.",
"name": "Penalty for applying a false trade description",
"related_acts": "",
"section_id": 6
},
{
"act_id": 62,
"details": "7. If a person sells, or exposes or has in possession for sale or any purpose of trade or manufacture, any goods or things to which a false trade description is applied, he shall, unless he proves- (a) \tthat, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the trade description, and (b) \tthat, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or (c) \tthat otherwise he had acted innocently, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred Taka, and in case of a second or subsequent conviction with imprisonment which may extend to one year, or with fine, or with both.",
"name": "Penalty for selling goods to which a false trade \tdescription is applied",
"related_acts": "",
"section_id": 7
},
{
"act_id": 62,
"details": "8. Where a person is accused under section 482 of the Penal Code of using a false trade mark or property mark by reason of his having applied a mark to any goods, property or receptacle in the manner mentioned in section 480 or section 481 of that Code, as the case may be, or under section 6 of this Act of applying to goods any false trade description, or under section 485 of the Penal Code of making any die, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, and proves- (a)\tthat in the ordinary course of his business he is employed, on behalf of other persons, to apply trade marks or property marks, or trade descriptions, or, as the case may be, to make dies, plates or other instruments for making, or being used in making, trade marks or property marks, and that in the case which is the subject of the charge he was so employed and was not interested in the goods or other thing by way of profit on commission dependent on the sale thereof, and (b)\tthat he took reasonable precautions against committing the offence charged, and (c)\tthat he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark or description, and (d)\tthat, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the mark or description was applied, he shall be acquitted.",
"name": "Unintentional contravention of the law relating to marks \tand descriptions",
"related_acts": "",
"section_id": 8
},
{
"act_id": 62,
"details": "9. (1) When a person is convicted under section 482 of the Penal Code of using a false trade mark, or under section 486 of that Code of selling, or exposing or having in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark applied thereto, or under section 487 or section 488 of that Code of making, or making use of, a false mark, or under section 6 or section 7 of this Act of applying a false trade description to goods or of selling, or exposing or having in possession for sale or any purpose of trade or manufacture, any goods or things to which a false trade description is applied, or is acquitted on proof of the matter or matters specified in section 486 of the Penal Code or section 7 or section 8 of this Act, the Court convicting or acquitting him may direct the forfeiture to Government of all goods and things by means of, or in relation to, which the offence has been committed or, but for such proof as aforesaid, would have been committed. (2) When a forfeiture is directed on a conviction, and an appeal lies against the conviction, an appeal shall lie against the forfeiture also. (3) When a forfeiture is directed on an acquittal and the goods or things to which the direction relates are of value exceeding fifty Taka, and appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the Court to which in appealable cases appeals lie from sentences of the Court which directed the forfeiture.",
"name": "Forfeiture of goods",
"related_acts": "",
"section_id": 9
},
{
"act_id": 62,
"details": "10-11. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
},
{
"act_id": 62,
"details": "12. (1) Piece-goods, such as are ordinarily sold by length or by the piece, which have been manufactured in premises which are a factory as defined in the 2Factories Act, 1934, shall not be removed from those premises without having conspicuously stamped in English numerals on each piece the length thereof in standard yards, or in standard yards and a fraction of such a yard, according to the real length of the piece. (2) If any person removes or attempts to remove any such piece-goods from any such premises without the length of each piece being stamped in the manner mentioned in sub-section (1), every such piece, and everything used for the packing or removal thereof, shall be forfeited to Government, and such person shall be punished with fine which may extend to one thousand Taka.",
"name": "Stamping of length of piece-goods manufactured in \tBangladesh",
"related_acts": "",
"section_id": 11
},
{
"act_id": 62,
"details": "13. In the case of goods brought into Bangladesh by sea, evidence of the Port of shipment shall, in a prosecution for an offence against this Act or 3section 15 of the Customs Act, 1969, be prima facie evidence of the place or country in which the goods were made or produced.",
"name": "Evidence of origin of goods imported by sea",
"related_acts": "354",
"section_id": 12
},
{
"act_id": 62,
"details": "14. (1) On any such prosecution as is mentioned in the last foregoing section or on any prosecution for an offence against any of the sections of the Penal Code as amended by this Act, which relate to trade, property and other marks, the Court may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively. (2) Such costs shall, on application to the Court, be recoverable as if they were a fine.",
"name": "Costs of defence or prosecution",
"related_acts": "",
"section_id": 13
},
{
"act_id": 62,
"details": "15. No such prosecution as is mentioned in the last foregoing section shall be commenced after the expiration of three years next after the commission of the offence, or one year after the first discovery thereof by the prosecutor, whichever expiration first happens.",
"name": "Limitation of prosecution",
"related_acts": "",
"section_id": 14
},
{
"act_id": 62,
"details": "16. (1) The Government may, by notification in the official Gazette, issue instructions for observance by Criminal Courts in giving effect to any of the provisions of this Act. (2) Instructions under sub-section (1) may provide, among other matters, for the limits of variation, as regards number, quantity, measure, gauge or weight, which are to be recognized by Criminal Courts as permissible in the case of any goods.",
"name": "Authority of the Government to issue instructions as to administration of this Act",
"related_acts": "",
"section_id": 15
},
{
"act_id": 62,
"details": "17. On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade description has been applied, the seller shall be deemed to warrant that the mark is a genuine mark and not counterfeit or falsely used, or that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the seller and delivered at the time of the sale or contract to and accepted by the buyer.",
"name": "Implied warranty on sale of marked goods",
"related_acts": "",
"section_id": 16
},
{
"act_id": 62,
"details": "18. (1) Nothing in this Act shall exempt any person from any suit or other proceeding which might, but for anything in this Act, be brought against him. (2) Nothing in this Act shall entitle any person to refuse to make a complete discovery or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution as is mentioned in section 14. (3) Nothing in this Act shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in Bangladesh who in good faith acts in obedience to the instructions of such master, and on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.",
"name": "Savings",
"related_acts": "",
"section_id": 17
},
{
"act_id": 62,
"details": "19. For the purpose of section 12 of this Act and 4clause (f) of section 15 of the Customs Act, 1969, the Government may, by notification in the official Gazette, declare what classes of goods are included in the expression ÔÇÿpiece-goods such as are ordinarily sold by length or by the piece'.",
"name": "Definition of piece-goods",
"related_acts": "354",
"section_id": 18
},
{
"act_id": 62,
"details": "20. (1) The Government may make rules, for the purposes of this Act, to provide, with respect to any goods which purport or are alleged to be of uniform number, quantity, measure, gauge or weight, for the number of samples to be selected and tested and for the selection of the samples. (2) With respect to any goods for the selection and testing of samples of which provision is not made in any rules for the time being in force under sub-section (1), the Court or officer of Customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight of the goods, shall, by order in writing, determine the number of samples to be selected and tested and the manner in which the samples are to be selected. (3) The average of the results of the testing in pursuance of rules under sub-section (1) or of an order under sub-section (2) shall be prima facie evidence of the number, quantity, measure, gauge or weight, as the case may be, of the goods. (4) If a person having any claim to, or in relation to, any goods of which samples have been selected and tested in pursuance of rules under sub-section (1) or of an order under sub-section (2), desires that any further samples of the goods be selected and tested, they shall, on his written application and on the payment in advance by him to the Court or officer of Customs, as the case may be, of such sums for defraying the cost to the further selection and testing as the Court or officer may from time to time require, be selected and tested to such extent as may be permitted by rules to be made by the Government in this behalf or as, in the case of goods with respect to which provision is not made in such rules, the court or officer of Customs may determine in the circumstances to be reasonable, the samples being selected in manner prescribed under sub-section (1), or in sub-section (2), as the case may be. (5) The average of the results of the testing referred to in sub-section (3) and of the further testing under sub-section (4) shall be conclusive proof of the number, quantity, measure, gauge or weight, as the case may be, of the goods. (6) Rules under this section shall be made after previous publication.",
"name": "Determination of character of goods by sampling",
"related_acts": "",
"section_id": 19
},
{
"act_id": 62,
"details": "21. An officer of the Government whose duty it is to take part in the enforcement of this Act shall not be compelled in any Court to say whence he got any information as to the commission of any offence against this Act.",
"name": "Information as to commission of offence",
"related_acts": "",
"section_id": 20
},
{
"act_id": 62,
"details": "22. If any person, being within Bangladesh, abets the commission, without Bangladesh, of any Act which, if committed in Bangladesh, would, under this Act, or under any section of that part of Chapter XVIII of the Penal Code which relates to trade, property and other marks, be an offence he may be tried for such abetment in any place in Bangladesh in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.",
"name": "Punishment of abetment in Bangladesh of acts done out of Bangladesh",
"related_acts": "",
"section_id": 21
}
],
"text": "1♣An Act to amend the Law relating to Fraudulent Marks on Merchandise. WHEREAS it is expedient to amend the law relating to fraudulent marks on merchandise; It is hereby enacted as follows:-"
} |
{
"id": 63,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, \"the Treasurer\" and \"The Treasurer\" were substituted, for the words “Pakistan”, “appropriate Government” or “Central Government” or “Provincial Government”, \"a Treasurer\" or \"Treasurers\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words “and the Government of any Province may appoint an Officer of the Government by the name of his office to be Treasurer of Charitable Endowments for the Province” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “and” was substituted, for the words and commas “or as the case may be, the Province, and, as such treasurer” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 Sub-section (3) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Charitable Endowments Act, 1890",
"num_of_sections": 17,
"published_date": "7th March, 1890",
"related_act": [
430,
63
],
"repelled": false,
"sections": [
{
"act_id": 63,
"details": "1. (1) This Act may be called the Charitable Endowments Act, 1890. (2) It extends to the whole of Bangladesh; and (3) It shall come into force on the first day of October, 1890.",
"name": "Title, extent and commencement",
"related_acts": "63",
"section_id": 1
},
{
"act_id": 63,
"details": "2. In this Act, “charitable purpose” includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 63,
"details": "3. (1) The Government may appoint an officer of the Government by the name of his office to be Treasurer of Charitable Endowments for Bangladesh, 2* * *. (2) Such Treasurer shall, for the purposes of taking, holding and transferring moveable or immoveable property under the authority of this Act, be a corporation sole by the name of the Treasurer of Charitable Endowments for Bangladesh 3and shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name.",
"name": "Appointment and incorporation of Treasurer of Charitable \tEndowments",
"related_acts": "",
"section_id": 3
},
{
"act_id": 63,
"details": "3A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 4
},
{
"act_id": 63,
"details": "4. (1) Where any property is held or is to be applied in trust for a charitable purpose, the Government, if it thinks fit, may, on application made as hereinafter mentioned, and subject to the other provisions of this section, order, by notification in the official Gazette, that the property be vested in the Treasurer of Charitable Endowments on such terms as to the application of the property or the income thereof as may be agreed on between the Government and the person or persons making the application, and the property shall thereupon so vest accordingly. (2) When any property has vested under this section in a Treasurer of Charitable Endowments, he is entitled to all documents of title relating thereto. (3) Repealed by the Government of India (Adaptation of Indian Laws Order, 1937. (4) An order under this section vesting property in the Treasurer of Charitable Endowments shall not require or be deemed to require him to administer the property, or impose or be deemed to impose upon him the duty of a trustee with respect to the administration thereof.",
"name": "Orders vesting property in Treasurer",
"related_acts": "",
"section_id": 5
},
{
"act_id": 63,
"details": "5. (1) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the Government, if it thinks fit, may settle a scheme for the administration of any property which has been or is to be vested in the Treasurer of Charitable endowments, and may in such scheme appoint, by name or office, a person or persons, not being or including such Treasurer, to administer the property. (2) On application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the Government may, if it thinks fit, modify any scheme settled under this section or substitute another scheme in its stead. (3) A scheme settled, modified or substituted under this section shall, subject to the other provisions of this section, come into operation on a day to be appointed by the Government in this behalf, and shall remain in force so long as the property to which it relates continues to be vested in the Treasurer of Charitable Endowments or until it has been modified or another such scheme has been substituted in its stead. (4) Such a scheme, when it comes into operation, shall supersede any decree or direction relating to the subject-matter thereof in so far as such decree or direction is in any way repugnant thereto, and its validity shall not be questioned in any Court, nor shall any Court give, in contravention of the provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding the administration of the property to which the scheme relates: Provided that nothing in this sub-section shall be construed as precluding a Court from inquiring whether the Government by which a scheme was made was the Government. (5) In the settlement of such a scheme effect shall be given to the wishes of the author of the trust so far as they can be ascertained, and, in the opinion of the Government, effect can reasonably be given to them. (6) Where a scheme has been settled under this section for the administration of property not already vested in the Treasurer of Charitable Endowments, it shall not come into operation until the property has become so vested: Provided that the powers of the Government under this section for the settlement, modification or substitution of scheme for the administration of any property shall, in respect of any waqf property in 4* * *, be exercised, subject to the approval of the Government, by the Administrator of Waqfs appointed under the Waqfs 5* * * Ordinance, 1962.",
"name": "Schemes for administration of property vested in the \tTreasurer",
"related_acts": "",
"section_id": 6
},
{
"act_id": 63,
"details": "6. (1) The application referred to in the two last foregoing sections must be made,- (a) \tif the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them; and (b) \tif the property is to be applied in trust for such a purpose, then by the person or persons proposing so to apply it. (2) For the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust. 6* * *",
"name": "Mode of applying for vesting orders and schemes",
"related_acts": "",
"section_id": 7
},
{
"act_id": 63,
"details": "7. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 8
},
{
"act_id": 63,
"details": "8. (1) Subject to the provisions of this Act, the Treasurer of Charitable Endowments shall not, as such Treasurer, act in the administration of any trust whereof any of the property is for the time being vested in him under this Act. (2) Such Treasurer shall keep a separate account of each property for the time being so vested in so far as the property consists of securities for money, and shall apply the property or the income thereof in accordance with the provision made in that behalf in the vesting order under section 4 or in the scheme, if any, under section 5, or in both those documents. (3) In the case of any property so vested other than securities for money, such Treasurer shall, subject to any special order which he may receive from the authority by whose order the property became vested in him, permit the persons acting in the administration of the trust to have the possession, management and control of the property, and the application of the income thereof, as if the property had been vested in them.",
"name": "Bare trusteeship of Treasurer",
"related_acts": "",
"section_id": 9
},
{
"act_id": 63,
"details": "9. The Treasurer of Charitable Endowments shall cause to be published annually in the official Gazette, at such time as the Government may direct, a list of all properties for the time being vested in him under this Act and an abstract of all accounts kept by him under sub-section (2) of the last foregoing section.",
"name": "Annual publication of list of properties vested in \tTreasurer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 63,
"details": "10. (1) The Treasurer of Charitable Endowments shall always be a sole trustee, and shall not, as such Treasurer, take or hold any property otherwise than under the provisions of this Act, or subject to those provisions, transfer any property vested in him except in obedience to a decree divesting him of the property, or in compliance with a direction in that behalf issuing from the authority by whose order the property became vested in him. (2) Such a direction may require the Treasurer to sell or otherwise dispose of any property vested in him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or other disposal of the property in any such security for money as is specified in the direction, or in the purchase of immoveable property. (3) When the Treasurer of Charitable Endowments is divested, by a direction of the Government under this section, of any property, it shall vest in the person or persons acting in the administration thereof and be held by him or them on the same trusts as those on which it was held by such Treasurer.",
"name": "Limitation of functions and powers of Treasurer",
"related_acts": "",
"section_id": 11
},
{
"act_id": 63,
"details": "11. If the office held by an officer of the Government who has been appointed to be the Treasurer of Charitable Endowments is abolished or its name is changed, the Government may appoint the same or another officer of the Government by the name of his office to be such Treasurer, and thereupon the holder of the latter office shall be deemed for the purposes of this Act to be the successor in office of the holder of the former office.",
"name": "Provisions for continuance of office of Treasurer in \tcertain contingencies",
"related_acts": "",
"section_id": 12
},
{
"act_id": 63,
"details": "12. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 13
},
{
"act_id": 63,
"details": "13. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937. (2) The Government may make rules consistent with this Act for- (a) prescribing the fees to be paid to the Government in respect of any property vested under this Act in the Treasurer of Charitable Endowments; (b) regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under section 5; (c) prescribing the forms in which accounts are to be kept by the Treasurer of Charitable Endowments and the mode in which such accounts are to be audited; and (d) generally carrying into effect the purposes of this Act.",
"name": "Power to frame forms and make rules",
"related_acts": "",
"section_id": 14
},
{
"act_id": 63,
"details": "14. No suit shall be instituted against the Government in respect of anything done or purporting to be done under this Act, or in respect of any alleged neglect or omission to perform any duty devolving on the Government under this Act, or in respect of the exercise of, or the failure to exercise, any power conferred by this Act on the Government, nor shall any suit be instituted against the Treasurer of Charitable Endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his wilful neglect or default.",
"name": "Indemnity to Government and Treasurer",
"related_acts": "",
"section_id": 15
},
{
"act_id": 63,
"details": "15. Nothing in this Act shall be construed to impair the operation of sections, 8, 9, 10 and 11 of Act No XVII of 1864 (an Act to constitute an Office of Official Trustee) respecting the vesting of property in trust for a charitable purpose in an Official Trustee.",
"name": "Saving with respect to Advocate General and Official \tTrustee",
"related_acts": "",
"section_id": 16
},
{
"act_id": 63,
"details": "16. Repealed by section 2 and Schedule I of the Devolution Act, 1920 (Act No. XXXVIII of 1920).",
"name": "Repealed",
"related_acts": "",
"section_id": 17
}
],
"text": "1♣An Act to provide for the Vesting and Administration of Property held in trust for charitable purposes. WHEREAS it is expedient to provide for the vesting and administration of property held in trust for charitable purposes; It is hereby enacted as follows:-"
} |
{
"id": 64,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and \"High Court Division\" were substituted, for the words “Pakistan”, “Provincial Government” and \"High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Clause (7) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Section 4A was inserted by section 8 of the Guardians and Wards (Amendment) Act, 1926 (Act No. IV of 1926)",
"5 The words and comma “In the case of a minor who is not an European British subject,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word “his” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 A colon was substituted for the full-stop at the end of sub-section (1) and thereafter the proviso was added by section 2 of the Guardians and Wards (Amendment) Act, 1982 (Act No. L of 1982)",
"8 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Each such Court” were substituted, for the words and comma “If the Courts are both or all subordinate to the same High Court, they” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Sub-sections (2) and (3) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 Sub-section (4) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words, comma and figure “Code of Criminal Procedure, 1898” were substituted, for the words, comma and figure “Code of Criminal Procedure, 1882” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words “Supreme Court” were substituted, for the words “High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Section 34A was inserted by section 2 of the Guardians and Wards (Amendment) Act, 1929 (Act No. XVII of 1929)",
"15 The words, commas, figures and brackets “Order XXXII, rules 1 and 4 (2), in Schedule 1 to the Code of Civil Procedure, 1908,” were substituted, for the words and figure “section 440 of the Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words, comma and figures “Order XXXIX, rules 1 and 2” were substituted, for the words and figures “section 492 or section 493” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The word and figure “section 115” were substituted, for the section and figure “section 622” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Guardians and Wards Act, 1890",
"num_of_sections": 55,
"published_date": "21st March, 1890",
"related_act": [
64,
33,
75,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 64,
"details": "1. (1) This Act may be called the Guardians and Wards Act, 1890. (2) It extends to the whole of Bangladesh; and (3) It shall come into force on the first day of July, 1890.",
"name": "Title, extent and commencement",
"related_acts": "64",
"section_id": 1
},
{
"act_id": 64,
"details": "2. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 64,
"details": "3. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 64,
"details": "4. In this Act, unless there is something repugnant in the subject or context,- (1)\t“minor” means a person who, under the provisions of the Majority Act, 1875, is to be deemed not to have attained his majority: (2)\t“guardian” means a person having the care of the person of a minor or of his property, or of both his person and property: (3) \t“ward” means a minor for whose person or property, or both, there is a guardian: (4) \t“District Court” has the meaning assigned to that expression in the Code of Civil Procedure, and includes the High Court Division in the exercise of its ordinary original civil jurisdiction: (5) \t“the Court” means- (a) \tthe District Court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian; or (b) \twhere a guardian has been appointed or declared in pursuance of any such application (i) \tthe Court which, or the Court of the Officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian; or (ii) \tin any matter relating to the person of the ward the District Court having jurisdiction in the place where the ward for the time being ordinarily resides; or (c) \tin respect of any proceeding transferred under section 4A, the Court of the officer to whom such proceeding has been transferred. (6) \t“Collector” means the chief officer in charge of the revenue-administration of a district, and includes any officer whom the Government, by notification in the official Gazette, may, by name or in virtue of his Office, appoint to be a Collector in any local area, or with respect to any class of persons, for all or any of the purposes of this Act: 2* * * (8) \t“Prescribed” means prescribed by rules made by the 3Supreme Court under this Act.",
"name": "Definitions",
"related_acts": "33",
"section_id": 4
},
{
"act_id": 64,
"details": "44A.(1) The High Court Division may, by general or special order, empower any officer exercising original civil jurisdiction subordinate to a District Court, or authorise the Judge of any District Court to empower any such officer subordinate to him, to dispose of any proceedings under this Act transferred to such officer under the provisions of this section. (2) The Judge of a District Court may, by order in writing, transfer at any stage any proceeding under this Act pending in his Court for disposal to any officer subordinate to him empowered under sub-section (1). (3) The Judge of a District Court may at any stage transfer to his own Court or to any officer subordinate to him empowered under sub-section (1) any proceeding under this Act pending in the Court of any other such officer. (4) When any proceedings are transferred under this section in any case in which a guardian has been appointed or declared, the Judge of the District Court may, by order in writing, declare that the Court of the Judge or officer to whom they are transferred shall, for all or any of the purposes of this Act, be deemed to be the Court which appointed or declared the guardian.",
"name": "Power to confer jurisdiction on subordinate, judicial officers and to transfer proceedings to such officers",
"related_acts": "",
"section_id": 5
},
{
"act_id": 64,
"details": "5. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 6
},
{
"act_id": 64,
"details": "6. 5* * * nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of 6* * * person or property, or both, which is valid by the law to which the minor is subject.",
"name": "Saving of power to appoint in other cases",
"related_acts": "",
"section_id": 7
},
{
"act_id": 64,
"details": "7. (1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made- (a) \tappointing a guardian of his person or property, or both, or (b) \tdeclaring a person to be such a guardian, the Court may make an order accordingly 7: Provided that no person, other than a citizen of Bangladesh, shall be appointed or declared to be a guardian of a minor who is a citizen of Bangladesh. (2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court. (3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.",
"name": "Power of the Court to make order as to guardianship",
"related_acts": "",
"section_id": 8
},
{
"act_id": 64,
"details": "8. An order shall not be made under the last foregoing section except on the application of- (a) \tthe person desirous of being, or claiming to be, the guardian of the minor, or (b) \tany relative or friend of the minor, or (c) \tthe Collector of the district or other local area within which the minor ordinarily resides or in which he has property, or (d) \tthe Collector having authority with respect to the class to which the minor belongs.",
"name": "Persons entitled to apply for order",
"related_acts": "",
"section_id": 9
},
{
"act_id": 64,
"details": "9. (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. (2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property. (3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction.",
"name": "Court having jurisdiction to entertain application",
"related_acts": "",
"section_id": 10
},
{
"act_id": 64,
"details": "10. (1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure for the signing and verification of a plaint, and stating, so far as can be ascertained,- (a)\tthe name, sex, religion, date of birth and ordinary residence of the minor; (b)\twhere the minor is a female, whether she is married, and, if so, the name and age of her husband; (c)\tthe nature, situation and approximate value of the property, if any, of the minor; (d)\tthe name and residence of the person having the custody or possession of the person or property of the minor; (e)\twhat near relations the minor has, and where they reside; (f)\twhether a guardian of the person or property, or both, of the minor has been appointed any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment; (g)\twhether an application has at any time been made to the Court or to any other Court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what Court and with what result; (h)\twhether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both; (i)\twhere the application is to appoint a guardian, the qualifications of the proposed guardian; (j)\twhere the application is to declare a person to be a guardian, the grounds on which that person claims; (k)\tthe causes which have led to the making of the application; and (l)\tsuch other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state. (2) If the application is made by the Collector, it shall be by letter addressed to the Court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in sub-section (1). (3) The application must be accompanied by a declaration of the willingness of the proposed guardian to act and the declaration must be signed by him and attested by at least two witnesses.",
"name": "Form of application",
"related_acts": "",
"section_id": 11
},
{
"act_id": 64,
"details": "11. (1) If the Court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof, and cause notice of the application and of the date fixed for the hearing- (a)\tto be served in the manner directed in the Code of Civil Procedure on- (i)\tthe parents of the minor if they are residing in Bangladesh, (ii)\tthe person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor, (iii)\tthe person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant, and (iv)\tany other person to whom, in the opinion of the Court, special notice of the application should be given; and (b)\tto be posted on some conspicuous part of the court-house, and of the residence of the minor, and otherwise published in such manner as the Court, subject to any rules made by the 8Supreme Court under this Act, thinks fit. (2) The Government may, by general or special order, require that, when any part of the property described in a petition under section 10, sub-section (1), is land of which a Court of Wards could assume the superintendence, the Court shall also cause a notice as aforesaid to be served on the Collector in whose district the minor ordinarily resides, and on every Collector in whose district any portion of the land is situate, and the Collector may cause the notice to be published in any manner he deems fit. (3) No charge shall be made by the Court or the Collector for the service or publication of any notice served or published under sub-section (2).",
"name": "Procedure on admission of application",
"related_acts": "",
"section_id": 12
},
{
"act_id": 64,
"details": "12. (1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper. (2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country. (3) Nothing in this section shall authorise- (a)\tthe Court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or (b)\tany person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.",
"name": "Power to make interlocutory order for production of minor and interim protection of person and property",
"related_acts": "",
"section_id": 13
},
{
"act_id": 64,
"details": "13. On the day fixed for the hearing of the application, or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of or in opposition to the application.",
"name": "Hearing of evidence before making of order",
"related_acts": "",
"section_id": 14
},
{
"act_id": 64,
"details": "14. (1) If proceedings for the appointment or declaration of a guardian of a minor are taken in more Courts than one, each of those Courts shall, on being apprised of the proceedings in the other Court or Courts, stay the proceedings before itself. (2) 9Each such Court shall report the case to the High Court Division and the High Court Division shall determine in which of the Courts the Proceedings with respect to the appointment or declaration of a guardian of the minor shall be had. (3) In any other case in which proceedings are stayed under sub-section (1), the Courts shall report the case to, and be guided by such orders as they may receive from, their respective Government.",
"name": "Simultaneous Proceedings in different Courts",
"related_acts": "",
"section_id": 15
},
{
"act_id": 64,
"details": "15. (1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the Court may, if it thinks fit, appoint or declare them. 10* * * (4) Separate guardians may be appointed or declared of the person and of the property of a minor. (5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate guardian for any one or more of the properties.",
"name": "Appointment of declaration of several guardians",
"related_acts": "",
"section_id": 16
},
{
"act_id": 64,
"details": "16. If the Court appoints or declares a guardian for any property situate beyond the local limits of its jurisdiction, the Court having jurisdiction in the place where the property is situate shall, on production of a certified copy of the order appointing or declaring the guardian, accept him as duly appointed or declared and give effect to the order.",
"name": "Appointment or declaration of guardian for property beyond jurisdiction of the Court",
"related_acts": "",
"section_id": 17
},
{
"act_id": 64,
"details": "17. (1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. (2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. (3) If the minor is old enough to form an intelligent preference, the Court may consider that preference. 11* * * (5) The Court shall not appoint or declare any person to be a guardian against his will.",
"name": "Matters to be considered by the Court in appointing guardian",
"related_acts": "",
"section_id": 18
},
{
"act_id": 64,
"details": "18. Where a Collector is appointed or declared by the Court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorise and require the person for the time being holding the office to act as guardian of the minor with respect to his person or property, or both, as the case may be.",
"name": "Appointment or declaration of Collector in virtue of office",
"related_acts": "",
"section_id": 19
},
{
"act_id": 64,
"details": "19. Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person- (a)\tof a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or (b)\tsubject to the provisions of this Act with respect to European british subjects, of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor, or (c)\tof a minor whose property is under the superin-tendence of a Court of Wards competent to appoint a guardian of the person of the minor.",
"name": "Guardian not to be appointed by the Court in certain cases",
"related_acts": "",
"section_id": 20
},
{
"act_id": 64,
"details": "20. (1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this Act, he must not make any profit out of his office. (2) The fiduciary relation of a guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor, and generally all transactions between them while the influence of the guardian still lasts or is recent.",
"name": "Fiduciary relation of guardian to ward",
"related_acts": "",
"section_id": 21
},
{
"act_id": 64,
"details": "21. A minor is incompetent to act as guardian of any minor except his own wife or child or, where he is the managing member of an undivided Hindu family, the wife or child of another minor member of that family.",
"name": "Capacity of minors to act as guardians",
"related_acts": "",
"section_id": 22
},
{
"act_id": 64,
"details": "22. (1) A guardian appointed or declared by the Court shall be entitled to such allowance, if any, as the Court thinks fit for his care and pains in the execution of his duties. (2) When an officer of the Government, as such officer, is so appointed or declared to be guardian, such fees shall be paid to the Government out of the property of the ward as the Government by general or special order, directs.",
"name": "Remuneration of guardian",
"related_acts": "",
"section_id": 23
},
{
"act_id": 64,
"details": "23. A collector appointed or declared by the Court to be guardian of the person or property, or both, of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the Government or of such authority as that Government, by notification in the official Gazette, appoints in this behalf.",
"name": "Control of Collector as guardian",
"related_acts": "",
"section_id": 24
},
{
"act_id": 64,
"details": "24. A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires.",
"name": "Duties of guardian of the person",
"related_acts": "",
"section_id": 25
},
{
"act_id": 64,
"details": "25. (1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian. (2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the 12Code of Criminal Procedure, 1898. (3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.",
"name": "Title of guardian to custody of ward",
"related_acts": "75",
"section_id": 26
},
{
"act_id": 64,
"details": "26. (1) A guardian of the person appointed or declared by the Court, unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. (2) The leave granted by the Court under sub-section (1) may be special or general, and may be defined by the order granting it.",
"name": "Removal of ward from jurisdiction",
"related_acts": "",
"section_id": 27
},
{
"act_id": 64,
"details": "27. A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.",
"name": "Duties of guardian of property",
"related_acts": "",
"section_id": 28
},
{
"act_id": 64,
"details": "28. Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immoveable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immoveable property specified in the order in a manner permitted by the order.",
"name": "Powers of testamentary guardian",
"related_acts": "",
"section_id": 29
},
{
"act_id": 64,
"details": "29. Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court,- (a)\tmortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immoveable property of his ward, or (b)\tlease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.",
"name": "Limitation of powers of guardian of property appointed or declared by the Court",
"related_acts": "",
"section_id": 30
},
{
"act_id": 64,
"details": "30. A disposal of immoveable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby.",
"name": "Voidability of transfers made in contravention of section 28 or section 29",
"related_acts": "",
"section_id": 31
},
{
"act_id": 64,
"details": "31. (1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. (3) The Court may in its discretion attach to the permission the following among other conditions, namely:- (a)\tthat a sale shall not be completed without the sanction of the Court; (b)\tthat a sale shall be made to the highest bidder by public auction, before the Court or some person specially appointed by the Court for that purpose, at a time and place to be specified by the Court, after such proclamation of the intended sale as the Court, subject to any rules made under this Act by the 13Supreme Court, directs; (c)\tthat a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the Court directs; (d)\tthat the whole or any part of the proceeds of the act permitted shall be paid into the Court by the guardian, to be disbursed therefrom or to be invested by the Court on prescribed securities or to be otherwise disposed of as the Court directs. (4) Before granting permission to a guardian to do an act mentioned in section 29, the Court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.",
"name": "Practice with respect to permitting transfers under section 29",
"related_acts": "",
"section_id": 32
},
{
"act_id": 64,
"details": "32. Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, the Court may, from time to time, by order, define, restrict or extend his powers with respect to the property of the ward in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject.",
"name": "Variation of powers of guardian of property appointed or declared by the Court",
"related_acts": "",
"section_id": 33
},
{
"act_id": 64,
"details": "33. (1) A guardian appointed or declared by the Court may apply by petition to the Court which appointed or declared him for its opinion, advice or direction on any present question respecting the management or administration of the property of his ward. (2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of the petition to be served on, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit. (3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application.",
"name": "Right of Guardian so appointed or declared to apply to the Court for opinion in management of property of ward",
"related_acts": "",
"section_id": 34
},
{
"act_id": 64,
"details": "1434A. When accounts are exhibited by a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34 or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration for the work be paid out of the income of the property.",
"name": "Power to award remuneration for auditing accounts",
"related_acts": "",
"section_id": 35
},
{
"act_id": 64,
"details": "34. Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall,- (a)\tif so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward; (b)\tif so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court or within such other time as the Court directs, a statement of the immoveable property belonging to the ward, of the money and other moveable property which he has received on behalf of the ward up to the date of delivering the statement and of the debts due on that date to or from the ward; (c)\tif so required by the Court, exhibit his accounts in the Court at such times and in such form as the Court from time to time directs; (d)\tif so required by the Court, pay into the Court at such time as the Court directs the balance due from him on those accounts, or so much thereof as the Court directs; and (e)\tapply for the maintenance, education and advancement of the ward and of such persons as are dependent on him, and for the celebration of ceremonies to which the ward or any of those persons may be a party, such portion of the income of the property of the ward as the Court from time to time directs, and, if the Court so directs, the whole or any part of that property.",
"name": "Obligations on guardian of property appointed or declared by the Court",
"related_acts": "",
"section_id": 36
},
{
"act_id": 64,
"details": "35. Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court and shall be entitled to recover thereon as trustee for the ward, in respect of any breach thereof.",
"name": "Suit against guardian where administration-bond was taken",
"related_acts": "",
"section_id": 37
},
{
"act_id": 64,
"details": "36. (1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. (2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of 15Order XXXII, rules 1 and 4(2), in Schedule I to the Code of Civil Procedure, 1908, as amended by this Act.",
"name": "Suit against guardian where administration-bond was not taken",
"related_acts": "86",
"section_id": 38
},
{
"act_id": 64,
"details": "37. Nothing in either of the two last foregoing sections shall be construed to deprive a ward or his representative of any remedy against his guardian, or the representative of the guardian, which, not being expressly provided in either of those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee.",
"name": "General liability of guardian as trustee",
"related_acts": "",
"section_id": 39
},
{
"act_id": 64,
"details": "38. On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the Court.",
"name": "Right of survivorship among joint guardians",
"related_acts": "",
"section_id": 40
},
{
"act_id": 64,
"details": "39. The Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely:- (a)\tfor abuse of his trust; (b)\tfor continued failure to perform the duties of his trust; (c)\tfor incapacity to perform the duties of his trust; (d)\tfor ill-treatment, or neglect to take proper care, of his ward; (e)\tfor contumacious disregard of any provision of this Act or of any order of the Court; (f)\tfor conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward; (g)\tfor having an interest adverse to the faithful performance of his duties; (h)\tfor ceasing to reside within the local limits of the jurisdiction of the Court; (i)\tin the case of a guardian of the property, for bankruptcy or insolvency; (j)\tby reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed- (a)\tfor the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that, that person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b)\tfor the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.",
"name": "Removal of guardian",
"related_acts": "",
"section_id": 41
},
{
"act_id": 64,
"details": "40. (1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged. (2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the Government approves of his applying to be discharged, the Court shall in any case discharge him.",
"name": "Discharge of guardian",
"related_acts": "",
"section_id": 42
},
{
"act_id": 64,
"details": "41. (1) The powers of a guardian of the person cease- (a)\tby his death, removal or discharge; (b)\tby the Court of Wards assuming superintendence of the person of the ward; (c)\tby the ward ceasing to be a minor; (d)\tin the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband who is not, in the opinion of the Court, so unfit; or, (e)\tin the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be so in the opinion of the Court. (2) The powers of a guardian of the property cease- (a)\tby his death, removal or discharge; (b)\tby the Court of Wards assuming superintendence of the property of the ward; or (c)\tby the ward ceasing to be a minor. (3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward. (4) When he has delivered the property or accounts as required by the Court, the Court may declare him to be discharged from his liabilities save as regards any fraud which may subsequently be discovered.",
"name": "Cessation of authority of guardian",
"related_acts": "",
"section_id": 43
},
{
"act_id": 64,
"details": "42. When a guardian appointed or declared by the Court is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be.",
"name": "Appointment of successor to guardian dead, discharged or removed",
"related_acts": "",
"section_id": 44
},
{
"act_id": 64,
"details": "43. (1) The Court may, on the application of any person interested or of its own motion, make an order regulating the conduct or proceedings of any guardian appointed or declared by the Court. (2) Where there are more guardians than one of a ward, and they are unable to agree upon a question affecting his welfare, any of them may apply to the Court for its direction, and the Court may make such order respecting the matter in difference as it thinks fit. (3) Except where it appears that the object of making an order under sub-section (1) or sub-section (2) would be defeated by the delay, the Court shall, before making the order, direct notice of the application therefor or of the intention of the Court to make it, as the case may be, to be given, in a case under sub-section (1), to the guardian or, in a case under sub-section (2), to the guardian who has not made the application. (4) In case of disobedience to an order made under sub-section (1) or sub-section (2), the order may be enforced in the same manner as an injunction granted under 16Order XXXIX, rules 1 and 2 of the Code of Civil Procedure, in a case under sub-section (1), as if the ward were the plaintiff and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made the application were the plaintiff and the other guardian were the defendant. (5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian.",
"name": "Orders for regulating conduct or proceedings of guardians, and enforcement of those orders",
"related_acts": "",
"section_id": 45
},
{
"act_id": 64,
"details": "44. If, for the purpose or with the effect of preventing the Court from exercising its authority with respect to a ward, a guardian appointed or declared by the Court removes the ward from the limits of the jurisdiction of the Court in contravention of the provisions of section 26, he shall be liable, by order of the Court, to fine not exceeding one thousand Taka, or to imprisonment in the civil jail for a term which may extend to six months.",
"name": "Penalty for removal of ward from jurisdiction",
"related_acts": "",
"section_id": 46
},
{
"act_id": 64,
"details": "45. (1) In the following cases, namely:- (a)\tif a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1), or (b)\tif a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court the balance due from him on those accounts in compliance with a requisition under clause (d) of that section, or (c)\tif a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under section 41, sub-section (3), the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to fine not exceeding one hundred Taka, and in case of recusancy to further fine not exceeding ten Taka, for each day after the first during which the default continues, and not exceeding five hundred Taka in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or cause him to be produced, or to compel his return, or to deliver the statement or to exhibit the accounts, or to pay the balance, or to deliver the property or accounts, as the case may be. (2) If a person who has been released from detention on giving an undertaking under sub-section (1) fails to carry out the undertaking within the time allowed by the Court, the Court may cause him to be arrested and re-committed to the civil jail.",
"name": "Penalty for contumacy",
"related_acts": "",
"section_id": 47
},
{
"act_id": 64,
"details": "46. (1) The Court may call upon the Collector, or upon any Court subordinate to the Court, for a report on any matter arising in any proceeding under this Act and treat the report as evidence. (2) For the purpose of preparing the report the Collector or the Judge of the Subordinate Court, as the case may be, shall make such inquiry as he deems necessary, and may for the purposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the Code of Civil Procedure.",
"name": "Reports by Collectors and Subordinate Courts",
"related_acts": "",
"section_id": 48
},
{
"act_id": 64,
"details": "47. An appeal shall lie to the High Court Division from an order made by a Court,- (a)\tunder section 7, appointing or declaring or refusing to appoint or declare a guardian; or (b)\tunder section 9, sub-section (3), returning an application; or, (c)\tunder section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or, (d)\tunder section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court or imposing conditions with respect thereto; or, (e)\tunder section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or, (f)\tunder section 32, defining, restricting or extending the powers of a guardian; or, (g)\tunder section 39, removing a guardian; or, (h)\tunder section 40, refusing to discharge a guardian; or, (i)\tunder section 43 regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order; or, (j)\tunder section 44 or section 45, imposing a penalty.",
"name": "Orders appealable",
"related_acts": "",
"section_id": 49
},
{
"act_id": 64,
"details": "48. Save as provided by the last foregoing section and by 17section 115 of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.",
"name": "Finality of other orders",
"related_acts": "",
"section_id": 50
},
{
"act_id": 64,
"details": "49. The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court Division under this Act, be in the discretion of the Court in which the proceeding is had.",
"name": "Costs",
"related_acts": "",
"section_id": 51
},
{
"act_id": 64,
"details": "50. (1) In addition to any other power to make rules conferred expressly or impliedly by this Act, the High Court Division may from time to time make rules consistent with this Act- (a)\tas to the matters respecting which, and the time at which, reports should be called for from Collectors and Subordinate Courts; (b)\tas to the allowances to be granted to, and the security to be required from, guardians, and the cases in which such allowances should be granted; (c)\tas to the procedure to be followed with respect to applications of guardians for permission to do acts referred to in sections 28 and 29; (d)\tas to the circumstances in which such requisitions as are mentioned in clauses (a), (b), (c) and (d) of section 34 should be made; (e)\tas to the preservation of statements and accounts delivered and exhibited by guardians; (f)\tas to the inspection of those statements and accounts by persons interested; (ff) \tas to the audit of accounts under section 34A, the class of persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them; (g)\tas to the custody of money, and securities for money, belonging to wards; (h)\tas to the securities on which money belonging to wards may be invested; (i)\tas to the education of wards for whom guardians, not being Collectors, have been appointed or declared by the Court; and, (j)\tgenerally, for the guidance of the Courts in carrying out the purposes of this Act. (2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they have been approved by the Government, nor shall any rule under this section have effect until it has been published in the official Gazette.",
"name": "Power of High Court Division to make rules",
"related_acts": "",
"section_id": 52
},
{
"act_id": 64,
"details": "51. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 53
},
{
"act_id": 64,
"details": "52. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 54
},
{
"act_id": 64,
"details": "53. Repealed by section 156 and Schedule V of the Code of Civil Procedure, 1908 (Act No. V of 1908).",
"name": "Repealed",
"related_acts": "86",
"section_id": 55
}
],
"text": "1♣An Act to consolidate and amend the law relating to Guardian and Ward. WHEREAS it is expedient to consolidate and amend the law relating to guardian and ward; It is hereby enacted as follows: -"
} |
{
"id": 65,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka”, \"the railway\", \"The railway administration\" and \"the railway administration\" were substituted, for the words “Pakistan”, “Provincial Government” or “Central Government”, “rupees”, \"a railway\" or \"railways\", \"A Railway Administration\" or \"Every railway administration\" and \"railway administration\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (1) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (5) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 Clause (6) was substituted, for clause (6) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word “the” was substituted, for the word “any” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The brackets and words “(except a communication between a railway company and its legal advisers)” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The words and commas “and for companies, and subject also, in the case of a railway company, to the provisions of any contract between the company and the Government” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words “or railways” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 Section 8A was substituted, for section 8A by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 Sub-section (1) was substituted, for sub-section (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 Sub-sections (3) and (4) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Section 42A was inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"14 The words “or railway administration” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The words “or railway administration” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 Section 42B was inserted by section 2 of the Indian Railways (Amendment) Act, 1939 (Act No. XXXIII of 1939)",
"17 The word “it” was substituted, for the words “that Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The word “Local” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"19 The word “Local” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"20 Section 46A was inserted by the Government of India (Adaptation of Indian Laws) Order, 1937",
"21 The words \"The railway administration or\" were substituted, for the words \"Every railway company and in the case of railway administered by the Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 Sub-section (5) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The words and letter “or a member of the Pakistan National Guard” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 The word “Bangali” was substituted, for the words and commas “one or more of the vernacular languages in common use in the territory traversed by the railway, or both in English and in one or more of such vernacular languages as the Provincial Government, after consultation with the railway administration, may determine” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The word “Bangali” was substituted, for the words “a vernacular languages in common use in the territory where the station is situate” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 Sub-section (2) was substituted, for sub-section (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 CHAPTER VIA was inserted by the Indian Railways (Amendment) Act, 1930 (Act No. XIV of 1930).",
"28 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 Clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 The words “in the common law of England or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"31 The words and commas “belonging to, and worked by, the Government or an Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"32 The words, commas and figure “Merchant Shipping Act, 1894,” were substituted, for the words, commas and figures “Merchant Shipping Act, 1854, and the Merchant Shipping Act, Amendment Act, 1862,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 Section 82A was inserted by section 2 of the Indian Railways (Amendment) Act, 1943 (Act No. III of 1943)",
"34 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 Section 108A was inserted by section 3 of the Railways (East Pakistan Amendment) Act, 1968 (Act No. II of 1969)",
"36 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 Section 113A was added by section 5 of the Indian Railways (Amendment) Act, 1941 (Act No. VI of 1941)",
"38 The words “Taka five” were substituted, for the words “eight annas” by section 2 and the Railways (Amendment) Act, 1975 (Act No. XX of 1975).",
"39 The words and comma “multiple of ten poisha, or Taka one” were substituted, for the words and comma “anna, or two annas” by section 2 and the Railways (Amendment) Act, 1975 (Act No. XX of 1975).",
"40 Section 130A was inserted by section 5 of the Railways (Amendment) Act, 1957 (Act No. XXVI of 1957)",
"41 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"42 The words and commas “Code of Criminal Procedure, 1898,” were substituted, for the words and commas “Code of Criminal Procedure, 1882,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 The words and commas “General Clauses Act, 1897,” were substituted, for the words and commas “General Clauses Act, 1887,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 The words, comma and figure “Post Office Act, 1898” were substituted, for the words and comma “Indian Post Office Act, 1866” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"45 The words, comma and figure “Post Office Act, 1898” were substituted, for the words and comma “Indian Post Office Act, 1866” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"46 The words, commas and figure “Code of Criminal Procedure, 1898,” were substituted, for the words, commas and figure “Code of Criminal Procedure, 1882,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"47 Section 147 was substituted, for section 147 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Railways Act, 1890",
"num_of_sections": 139,
"published_date": "21st March, 1890",
"related_act": [
73,
75,
76,
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"repelled": false,
"sections": [
{
"act_id": 65,
"details": "1. (1) This Act may be called the Railway Act, 1890. (2) It extends to the whole of Bangladesh and applies also to all citizens of Bangladesh, wherever they may be. (3) It shall come into force on the first day of May, 1890.",
"name": "Title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 65,
"details": "2. Repealed by the Repealing Act, 1938 (Act No. I of 1938), section 2 and Schedule.",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 65,
"details": "3. In this Act, unless there is something repugnant in the subject or context,- 2* * * (2) \t“ferry” includes a bridge of boats, pontoons or rafts, a swing-bridge, a flying bridge and a temporary bridge, and the approaches to, and landing places of, a ferry: (3) \t“inland water” means any canal, river, lake or navigable water: (4) \tthe railway means the railway or any portion of the railway, for the public carriage of passengers, animals or goods, and includes (a)\tall land within the fences or other boundary-marks indicating the limits of the land appurtenant to the railway; (b)\tall lines of rails, sidings, or branches worked over for the purposes of, or in connection with, the railway; (c)\tall stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery and other works constructed for the purposes of, or in connection with, the railway; and (d)\tall ferries, ships, boats and rafts which are used on inland waters for the purposes of the traffic of the railway and belong to or are hired or worked by the authority administering the railway: 3* * * 4(6) “railway administration” or “administration” means the manager of the Bangladesh railway and includes the Government. (7) \t“the railway servant” means any person employed by the railway administration in connection with the service of the railway: (8) Inspector” means an Inspector of the railway appointed under \tthis Act: (9) goods” includes inanimate things of every kind: (10) “rolling-stock” includes locomotive engines, tenders, carriages, \twagons, trucks and trollies of all kinds: (11) \"traffic” includes rolling-stock of every description, as well as \tpassengers, animals and goods: (12) “through traffic” means traffic which is carried over the railway \tof two or more the railway administration. (13) “rate” includes any fare, charge or other payment for the \tcarriage of any passenger, animal or goods: (14) “terminals” includes charges in respect of stations, sidings, \twharves, depots, warehouses, cranes and other similar matters, \tand of any services rendered thereat: (15) “pass” means an authority given by the railway administration, \tor by an officer appointed by the railway administration in this \tbehalf, and authorising the person to whom it is given to travel \tas a passenger on the railway gratuitously: (16) “ticket” includes a single ticket, a return ticket and a season \tticket: (17) “maund” means a weight of three thousand two hundred tolas, \teach tola being a weight of one hundred and eighty grains Troy: \tand (18) “Collector” means the chief officer in charge of the land-\trevenue administration of a district, and includes any officer \tspecially appointed by the Government to discharge the \tfunctions of a Collector under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 65,
"details": "4. (1) The Government may appoint persons, by name or by virtue of their office, to be inspectors of the railway. (2) The duties of an Inspector of the railway shall be- (a)\tto inspect the railway with a view to determine whether they are fit to be opened for the public carriage of passengers, and to report thereon to the Government as required by this Act; (b)\tto make such periodical or other inspections of any railway or of any rolling-stock used thereon as the Government may direct; (c)\tto make inquiry under this Act into the cause of any accident on the railway; (d)\tto perform such other duties as are imposed on him by this Act, or any other enactment for the time being in force relating to the railway.",
"name": "Appointment and duties of Inspectors",
"related_acts": "",
"section_id": 4
},
{
"act_id": 65,
"details": "5. An Inspector shall, for the purpose of any of the duties which he is required or authorised to perform under this Act, be deemed to be a public servant within the meaning of the 5Penal Code, and, subject to the control of the Government, shall for that purpose have the following powers, namely:- (a)\tto enter upon and inspect any railway or any rolling-stock used thereon; (b)\tby an order in writing under his hand addressed to the railway administration, to require the attendance before him of any railway servant, and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration; (c)\tto require the production of 6the book or document belonging to or in the possession or control of any railway administration 7* * * which it appears to him to be necessary to inspect.",
"name": "Powers of Inspectors",
"related_acts": "",
"section_id": 5
},
{
"act_id": 65,
"details": "6. The railway administration shall afford to the Inspector all reasonable facilities for performing the duties and exercising the powers imposed and conferred upon him by this Act.",
"name": "Facilities to be afforded to Inspectors",
"related_acts": "",
"section_id": 6
},
{
"act_id": 65,
"details": "7. (1) Subject to the provisions of this Act and, in the case of immoveable property not belonging to the railway administration, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes 8* * * the railway administration may, for the purpose of constructing the railway or the accommodation or other works connected therewith, and notwithstanding anything in any other enactment for the time being in force,- (a)\tmake or construct in, upon, across, under or over any lands, or, any streets, hills, valleys, roads, the railway 9* * * or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, roads, lines of the railway, ways, passages, conduits, drains, piers, cuttings and fences as the railway administration thinks proper; (b)\talter the course of any rivers, brooks, streams, or watercourses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them, and divert or alter, as well temporarily as permanently, the course of any rivers, brooks, streams or watercourses or any roads, streets or ways, or raise or sink the level thereof, in order the more conveniently to carry them over or under or by the side or the railway, as the railway administration thinks proper; (c)\tmake drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; (d)\terect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery, apparatus and other works and conveniences as the railway administration thinks proper; (e)\talter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead; and (f)\tdo all other acts necessary for making, maintaining, altering or repairing and using the railway. (2) The exercise of the powers conferred on the railway administration by sub-section (1) shall be subject to the control of the Government.",
"name": "Authority of railway administrations to execute all necessary works",
"related_acts": "",
"section_id": 7
},
{
"act_id": 65,
"details": "108A. Nothing in the two last preceding sections shall authorise the doing of anything on or to any works, land or building vested in, or in possession of, the Government without its consent.",
"name": "Protection for Government property",
"related_acts": "",
"section_id": 8
},
{
"act_id": 65,
"details": "8. The railway administration may, for the purpose of exercising the powers conferred upon it by this Act, alter the position of any pipe for the supply of gas, water or compressed air or the position of any electric wire or of any drain not being a main drain: Provided that- (a)\twhen the railway administration desires to alter the position of any such pipe, wire or drain, it shall give reasonable notice of its intention to do so, and of the time at which it will begin to do so, to the Local authority or company having control over the pipe, wire or drain, or, when the pipe, wire or drain is not under the control of a local authority or company, to the person under whose control the pipe, wire or drain is; (b)\ta local authority, company or person receiving notice under proviso (a) may send a person to superintend the work, and the railway administration shall execute the work to the reasonable satisfaction of the person so sent and shall make arrangements for continuing during the execution of the work the supply of gas, water, compressed air or electricity or the maintenance of the drainage, as the case may be.",
"name": "Alteration of pipes, wires and drains",
"related_acts": "",
"section_id": 9
},
{
"act_id": 65,
"details": "9. (1) The Government may authorise any railway administration, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under the control of the railway administration, to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident, and to do all such works as may be necessary for the purpose. (2) In case of necessity the railway administration may enter upon the lands and do the works aforesaid without having obtained the previous sanction of the Government, but in such a case shall, within seventy-two hours after such entry, make a report to the Government, specifying the nature of the accident or apprehended accident, and of the works necessary to be done, and the power conferred on the railway administration by this sub-section shall cease and determine if the Government, after considering the report, considers that the exercise of the power is not necessary for the public safety.",
"name": "Temporary entry upon land for repairing or preventing accident",
"related_acts": "",
"section_id": 10
},
{
"act_id": 65,
"details": "10. (1) The railway administration shall do as little damage as possible in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and compensation shall be paid for any damage caused by the exercise thereof. (2) A suit shall not lie to recover such compensation, but in case of dispute the amount thereof shall, on application to the Collector, be determined and paid in accordance, so far as may be, with the provisions of sections 11 to 15, both inclusive, sections 18 to 34, both inclusive, and sections 53 and 54 of the Land Acquisition Act, 1894, and the provisions of sections 51 and 52 of that Act shall apply to the award of compensation.",
"name": "Payment of compensation for damage caused by lawful exercise of powers under the foregoing provisions of this Chapter",
"related_acts": "",
"section_id": 11
},
{
"act_id": 65,
"details": "11. (1) The railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:- (a)\tsuch and so many convenient crossings, bridges, arches, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made, and (b)\tall necessary arches, tunnels, culverts, drains, water courses or other passages, over or under or by the sides of the railway, of such dimensions as will, in the opinion of the Government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as before the making of the railway, or as nearly so as may be. (2) Subject to the other provisions of this Act, the work specified in clauses (a) and (b) of sub-section (1) shall be made during or immediately after the laying out or formation of the railway over the lands traversed thereby and in such manner as to cause as little damage or inconvenience as possible to person interested in the lands or affected by the works. (3) The foregoing provisions of this section are subject to the following provisos, namely:- (a)\tthe railway administration shall not be required to make any accommodation works in such a manner as would prevent or obstruct the working or using of the railway, or to make any accommodation works with respect to which the owners and occupiers of the lands have agreed to receive and have been paid compensation in consideration of their not requiring the works to be made; (b)\tsave as hereinafter in this Chapter provided, the railway administration shall not, except on the requisition of the Government, be compelled to defray the cost of executing any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was first opened for public traffic; (c)\twhere the railway administration has provided suitable accommodation for the crossing of a road or stream, and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the administration shall not be compelled to provide other accommodation for the crossing of the road or stream. (4) The Government may appoint a time for the commencement of any work to be executed under sub-section (1), and if for fourteen days next after that time the railway administration fails to commence the work or, having commenced it, fails to proceed diligently to execute it in a sufficient manner, the Government may execute it and recover from the railway adminisration the cost incurred by it in the execution thereof.",
"name": "Accommodation works",
"related_acts": "",
"section_id": 12
},
{
"act_id": 65,
"details": "12. If an owner or occupier of any land affected by the railway considers the works made under the last foregoing section to be insufficient for the commodious use of the land, or if the Government or a local authority desires to construct a public road or other work across, under or over the railway, he or it, as the case may be, may at any time require the railway administration to make at his or its expense such further accommodation works as he or it thinks necessary and are agreed to by the railway administration or as, in case of difference of opinion, may be authorised by the Government.",
"name": "Power for owner-occupier orlocal authority to cause additional accommodation works to be made",
"related_acts": "",
"section_id": 13
},
{
"act_id": 65,
"details": "13. The Government may require that, within a time to be specified in the requisition, or within such further time as it may appoint in this behalf,- (a)\tboundary-marks or fences be provided or renewed by the railway administration for the railway or any part thereof and for roads constructed in connection therewith; (b)\tany works in the nature of a screen near to or adjoining the side of any public road constructed before the making of the railway be provided or renewed by a railway administration for the purpose of preventing danger to passengers on the road by reason of horses or other animals being frightened by the sight or noise of the rolling-stock moving on the railway; (c)\tsuitable gates, chains, bars, stiles or hand-rails be erected or renewed by the railway administration at places where the railway crosses a public road on the level; (d)\tpersons be employed by the railway administration to open and shut such gates, chains or bars.",
"name": "Fences, screens, gates and bars",
"related_acts": "",
"section_id": 14
},
{
"act_id": 65,
"details": "14. (1) Where the railway administration has constructed the railway across a public road on the level, the Government may at any time, if it appears to it necessary for the public safety, require the railway administration, within such time as it thinks fit, to carry the road either under or over the railway by means of a bridge or arch, with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as, in the circumstances of the case, may appear to the Government to be best adapted for removing or diminishing the danger arising from the level-crossing. (2) \tThe Government may require as a condition of making a requisition under sub-section (1), that the local authority, if any, which maintains the road, shall undertake to pay the whole of the cost to the railway administration of complying with the requisition or such portion of the cost as the Government thinks just.",
"name": "Over and under bridges",
"related_acts": "",
"section_id": 15
},
{
"act_id": 65,
"details": "15. (1) In either of the following cases, namely:- (a) \twhere there is danger that a tree standing near the railway may fall on the railway so as to obstruct traffic, (b) \twhen a tree obstructs the view of any fixed signal, the railway administration may, with the permission of any Magistrate, fell the tree or deal with it in such other manner as will in the opinion of the railway administration avert the danger or remove the obstruction, as the case may be. (2) In case of emergency the power mentioned in sub-section (1) may be exercised by the railway administration without the permission of a Magistrate. (3) Where a tree felled or otherwise dealt with under sub-section (1) or sub-section (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate may, upon the application of the persons interested in the tree, award to those persons such compensation as he thinks reasonable. (4) Such an award, subject, where made by any Magistrate other than the District Magistrate, to revision by the District Magistrate, shall be final. (5) A Civil Court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.",
"name": "Removal of trees dangerous to or obstructing the working of the railway",
"related_acts": "",
"section_id": 16
},
{
"act_id": 65,
"details": "16. (1) The railway administration may, with the previous sanction of the Government, use upon the railway locomotive engines or other motive power, and rolling-stock to be drawn or propelled thereby(2) But rolling-stock shall not be moved upon the railway by steam or other motive power until such general rules for the railway as may be deemed to be necessary have been made, sanctioned and published under this Act.",
"name": "Right to use locomotives",
"related_acts": "",
"section_id": 17
},
{
"act_id": 65,
"details": "17. (1) Subject to the provisions of sub-section (2), the railway administration shall, one month at least before it intends to open any railway for the public carriage of passengers, give to the Government notice in writing of its intention. (2) The Government may, in any case, if it thinks fit, reduce the period of, or dispense with, the notice mentioned in sub-section (1).",
"name": "Notice of intended opening of the railway",
"related_acts": "",
"section_id": 18
},
{
"act_id": 65,
"details": "18. The railway shall not be opened for the public carriage of passengers until the Government, or an Inspector empowered by the Government, in this behalf, has by order sanctioned the opening thereof for that purpose.",
"name": "Sanction of the government a condition precedent to the opening of the railway",
"related_acts": "",
"section_id": 19
},
{
"act_id": 65,
"details": "19. (1) The sanction of the Government under the last foregoing section shall not be given until an Inspector has, after inspection of the railway, reported in writing to the Government- (a)\tthat he has made a careful inspection of the railway and rolling-stock; (b)\tthat the moving and fixed dimensions prescribed by the Government have not been infringed; (c)\tthat the weight of rails, strength of bridges, general structural character of the works, and the size of and maximum gross load upon the axles of any rolling-stock are such as have been prescribed by the Government; (d)\tthat the railway is sufficiently supplied with rolling-stock; (e)\tthat general rules for the working of the railway when opened for the public carriage of passengers have been made, sanctioned and published under this Act; and (f)\tthat in his opinion, the railway can be opened for the public carriage of passengers without danger to the public using it. (2) If in the opinion of the Inspector the railway cannot be so opened without danger to the public using it, he shall state that opinion, together with the grounds therefor, to the Government, and the Government may thereupon order the railway administration to postpone the opening of the railway. (3) An order under the last foregoing sub-section must set forth the requirements to be complied with as a condition precedent to the opening of the railway being sanctioned, and shall direct the postponement of the opening of the railway until those requirements have been complied with or the Government is otherwise satisfied that the railway can be opened without danger to the public using it. (4) The sanction given under this section may be either absolute or subject to such conditions as the Government thinks necessary for the safety of the public. (5) When sanction for the opening of the railway is given subject to conditions, and the railway administration fails to fulfil those conditions, the sanction shall be deemed to be void and the railway shall not be worked or used until the conditions are fulfiled to the satisfaction of the Government.",
"name": "Procedure in sanctioning the opening of the railway",
"related_acts": "",
"section_id": 20
},
{
"act_id": 65,
"details": "20. (1) The provisions of sections 17, 18 and 19 with respect to the opening of the railway shall extend to the opening of the works mentioned in sub-section (2) when those works form part of, or are directly connected with, the railway used for the public carriage of passengers and have been constructed after the inspection which preceded the first opening of the railway. (2) The works referred to in sub-section (1) are additional lines of railway, deviation lines, stations, junctions and crossings on the level, and any alteration or re-construction materially affecting the structural character of any work to which the provisions of sections 17, 18 and 19 apply or are extended by this section.",
"name": "Application of the provisions of the three last foregoing sections to material alterations of the railway",
"related_acts": "",
"section_id": 21
},
{
"act_id": 65,
"details": "21. When an accident has occurred resulting in a temporary suspension of traffic, and either the original line and works have been rapidly restored to their original standard, or a temporary diversion has been laid for the purpose of restoring communication, the original line and works so restored, or the temporary diversion, as the case may be, may, in the absence of the Inspector, be opened for the public carriage of passengers, subject to the following conditions, namely:- (a)\tthat the railway servant in charge of the works undertaken by reason of the accident has certified in writing that the opening of the restored line and works, or of the temporary diversion, will not in his opinion be attended with danger to the public using the line and works of the diversion; and (b)\tthat notice by telegraph of the opening of the line and works or the diversion shall be sent, as soon as may be, to the Inspector appointed for the railway.",
"name": "Exceptional provision",
"related_acts": "",
"section_id": 22
},
{
"act_id": 65,
"details": "22. The Government may make rules defining the cases in which, and in those cases the extent to which, the procedure prescribed in sections 17 to 20 (both inclusive) may be dispensed with.",
"name": "Power to make rules with respect to the opening of railways",
"related_acts": "",
"section_id": 23
},
{
"act_id": 65,
"details": "23. (1) When, after inspecting any open railway used for the public carriage of passengers, or any rolling-stock used thereon, an Inspector is of opinion that the use of the railway or of any specified rolling-stock will be attended with danger to the public using it, he shall state that opinion, together with the grounds therefor, to the Government; and the Government may thereupon order that the railway be closed for the public carriage of passengers, or that the use of the rolling-stock so specified be discontinued, or that the railway or the rolling-stock so specified be used for the public carriage of passengers on such conditions only as the Government may consider necessary for the safety of the public. (2) An order under sub-section (1) must set forth the grounds on which it is founded.",
"name": "Power to close an opened railway",
"related_acts": "",
"section_id": 24
},
{
"act_id": 65,
"details": "24. (1) When the railway has been closed under the last foregoing section, it shall not be re-opened for the public carriage of passengers until it has been inspected and its re-opening sanctioned, in accordance with the provisions of this Act. (2) When the Government has ordered under the last foregoing section that the use of any specified rolling-stock be discontinued, that rolling-stock shall not be used until an Inspector has reported that it is fit for use and the Government has sanctioned its use. (3) When the Government has imposed under the last foregoing section any conditions with respect to the use of any railway or rolling-stock, those conditions shall be observed until they are withdrawn by the Government.",
"name": "Re-opening of a closed railway",
"related_acts": "",
"section_id": 25
},
{
"act_id": 65,
"details": "25. (1) The Government may, by general or special order, authorise the discharge of any of its functions under this Chapter by an Inspector, and may cancel any sanction or order given by an Inspector discharging any such function or attach thereto any condition which the Government might have imposed if the sanction or order had been given by itself. (2) A condition imposed under sub-section (1) shall for all the purposes of this Act have the same effect as if it were attached to a sanction or order given by the Government.",
"name": "Delegation of powers under this Chapter to Inspectors",
"related_acts": "",
"section_id": 26
},
{
"act_id": 65,
"details": "26-40. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 27
},
{
"act_id": 65,
"details": "41. Except as provided in this Act, no suit shall be instituted or proceeding taken for anything done or any omission made by the railway administration in violation or contravention of any provision of this Chapter.",
"name": "Bar of jurisdiction of ordinary Courts in certain matters",
"related_acts": "",
"section_id": 28
},
{
"act_id": 65,
"details": "42. 11(1) The railway administration shall afford all reasonable facilities for the receiving, forwarding and delivering of traffic upon and from railways and for the return of rolling-stock. (2) Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937. 12* * *.",
"name": "Duty of railway administrations to arrange for receiving and forwarding traffic without unreasonable delay and without partiality",
"related_acts": "",
"section_id": 29
},
{
"act_id": 65,
"details": "1342A. (1) The railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person 14* * *, or any particular description of traffic, in any respect whatsoever, or subject any particular person 15* * * or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. (2) Any complaint that the railway administration is contravening the provisions of this section shall be determined by the Government.",
"name": "Prohibition of undue preference",
"related_acts": "",
"section_id": 30
},
{
"act_id": 65,
"details": "1642B. (1) The Government may by general or special order fix maximum and minimum rates for the whole or any part of the railway, and prescribe the conditions in which such rates will apply. (2) Any complaint that the railway administration is contravening any order issued by the Government in accordance with the provisions of this section shall be determined by 17it.",
"name": "Powers of the Government to fix maximum and minimum rates",
"related_acts": "",
"section_id": 31
},
{
"act_id": 65,
"details": "43. (1) Whenever it is shown that the railway administration charges one trade or class of traders or the traders in any 18* * * area lower rates for the same or similar animals or goods, or lower rates for the same or similar services, than it charges to other traders or classes of traders or to the traders in another 19* * * area, the burden of proving that such lower charge does not amount to an undue preference shall lie on the railway administration. (2) In deciding whether a lower charge does or does not amount to an undue preference, the Government may, so far as it thinks reasonable, in addition to any other considerations affecting the case, take into consideration whether such lower charge is necessary for the purpose of securing, in the interests of the public, the traffic in respect of which it is made.",
"name": "Undue preference in case of unequal rates for like traffic for services",
"related_acts": "",
"section_id": 32
},
{
"act_id": 65,
"details": "44. Where the railway administration is a party to an agreement for procuring the traffic of the railway to be carried on any inland water by any ferry, ship, boat or raft which does not belong to or is not hired or worked by the railway administration, the provisions of the two last foregoing sections applicable to the railway shall extend to the ferry, ship, boat or raft in so far as it is used for the purposes of the traffic of the railway.",
"name": "Provision for facilities and equal treatment where ships or boats are used which are not parts of the railway",
"related_acts": "",
"section_id": 33
},
{
"act_id": 65,
"details": "45. The railway administration may charge reasonable terminals.",
"name": "Terminals",
"related_acts": "",
"section_id": 34
},
{
"act_id": 65,
"details": "46. (1) The Government shall decide any question or dispute which may arise with respect to the terminals charged by the railway administration. (2) In deciding the question or dispute, the Government shall have regard only to the expenditure reasonably necessary to provide the accommodation in respect of which the terminals are charged irrespective of the outlay which may have been actually incurred by the railway administration in providing that accommodation.",
"name": "Power of Government to fix terminals",
"related_acts": "",
"section_id": 35
},
{
"act_id": 65,
"details": "2046A. Any decision given by the Government, in accordance with the provisions of this Chapter, shall be final and binding on all parties concerned.",
"name": "Decisions in accordance with this Chapter shall be binding",
"related_acts": "",
"section_id": 36
},
{
"act_id": 65,
"details": "46B. Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 37
},
{
"act_id": 65,
"details": "47. (1) 21The railway administration or, an officer to be appointed by the Government in this behalf, shall make general rules consistent with this Act for the following purposes, namely:- (a)\tfor regulating the mode in which, and the speed at which, rolling-stock used on the railway is to be moved or propelled; (b)\tfor providing for the accommodation and convenience of passengers and regulating the carriage of their luggage; (c)\tfor declaring what shall be deemed to be, for the purposes of this Act, dangerous or offensive goods, and for regulating the carriage of such goods; (d)\tfor regulating the conditions on which the railway administration will carry passengers suffering from infectious or contagious disorders, and providing for the disinfection of carriages which have been used by such passengers; (e) \tfor providing for and regulating the duties of the railway servants in relation to train operations; (f)\tfor regulating the terms and conditions on which the railway administration will warehouse or retain goods at any station on behalf of the consignee or owner; and (g)\tgenerally, for regulating the travelling upon, and the use, working and management of, the railway. (2) The rules made under sub-section (1) may provide that any person committing a breach of any of those rules, except those falling under clause (e) of that sub-section, shall be punished with fine which may extend to any sum not exceeding fifty Taka. (3) A rule made under this section shall not take effect until it has received the sanction of the Government and been published in the official Gazette: Provided that- (a) \tOmitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961. (b)\twhere the rule is in the terms of a rule which has already been published at length in the official Gazette, a notification in that Gazette referring to the rule already published and announcing the adoption thereof, shall be deemed a publication of a rule in the official Gazette within the meaning of this sub-section. (4) Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961. 22* * * (6) The railway administration shall keep at each station on its railway a copy of the general rules for the time being in force under this section on the railway, and shall allow any person to inspect it free of charge at all reasonable times.",
"name": "General rules",
"related_acts": "",
"section_id": 38
},
{
"act_id": 65,
"details": "48-51A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "-51A. Omitted",
"related_acts": "430",
"section_id": 39
},
{
"act_id": 65,
"details": "52. The railway administration shall, in forms to be prescribed by the Government, prepare, half-yearly or at such intervals as the Government may prescribe, such returns of its capital and revenue transactions and of its traffic as the Government may require, and shall forward a copy of such returns to the Government at such times as it may direct.",
"name": "Returns",
"related_acts": "",
"section_id": 40
},
{
"act_id": 65,
"details": "53. (1) The railway administration shall determine the maximum load for every wagon or truck in its possession, and shall exhibit the words or figures representing the load so determine in a conspicuous manner on the outside of every such wagon or truck. (2) Every person owning a wagon or truck which passes over the railway shall similarly determine and exhibit the maximum load for the wagon or truck. (3) The gross weight of any such wagon or truck bearing on the axles when the wagon or truck is loaded to such maximum load shall not exceed such limit as may be fixed by the Government for the class of axle under the wagon or truck.",
"name": "Maximum load for wagons",
"related_acts": "",
"section_id": 41
},
{
"act_id": 65,
"details": "54. (1) Subject to the control of the Government, the railway administration may impose conditions, not inconsistent with this Act or with any general rule thereunder, with respect to the receiving, forwarding or delivering of any animals or goods. (2) The railway administration shall keep at each station on its railway a copy of the conditions for the time being in force under sub-section (1) at the station, and shall allow any person to inspect it free of charge at all reasonable times. (3) The railway administration shall not be bound to carry animal suffering from any infectious or contagious disorder.",
"name": "Power for railway administrations to impose conditions for working traffic",
"related_acts": "",
"section_id": 42
},
{
"act_id": 65,
"details": "55. (1) If a person fails to pay on demand made by or on behalf of the railway administration any rate, terminal or other charge due from him in respect of any animals or goods, the railway administration may detain the whole or any of the animals or goods or, if they have been removed from the railway, any other animals or goods of such person then being in or thereafter coming into its possession. (2) When any animals or goods have been detained under sub-section (1), the railway administration may sell by public auction, in the case of perishable goods at once, and in the case of other goods or of animals on the expiration of at least fifteen days' notice of the intended auction, published in one or more of the local newspapers, or where there are no such newspapers, in such manner as the Government may prescribe, sufficient of such animals or goods to produce a sum equal to the charge, and all expenses of such detention, notice and sale, including, in the case of animals, the expenses of the feeding, watering and tending thereof. (3) Out of the proceeds of the sale the railway administration may retain a sum equal to the charge and the expenses aforesaid, rendering the surplus, if any, of the proceeds, and such of the animals or goods (if any) as remain unsold, to the person entitled thereto. (4) If a person on whom a demand for any rate, terminal or other charge due from him has been made fails to remove from the railway within a reasonable time any animals or goods which have been detained under sub-section (1) or any animals or goods which have remained unsold after a sale under sub-section (2), the railway administration may sell the whole of them and dispose of the proceeds of the sale as nearly as may be under the provisions of sub-section (3). (5) Notwithstanding anything in the foregoing sub-sections, the railway administration may recover by suit any such rate, terminal or other charge as aforesaid or balance thereof.",
"name": "Lien for rates, terminals and other charges",
"related_acts": "",
"section_id": 43
},
{
"act_id": 65,
"details": "56. (1) When any animals or goods have come into the possession of the railway administration for carriage or otherwise and are not claimed by the owner or other person appearing to the railway administration to be entitled thereto, the railway administration shall, if such owner or person is known, cause a notice to be served upon him, requiring him to remove the animals or goods. (2) If such owner or person is not known, or the notice cannot be served upon him, or he does not comply with the requisition in the notice, the railway administration may within a reasonable time, subject to the provisions of any other enactment for the time being in force, sell the animals or goods as nearly as may be under the provisions of the last foregoing section, rendering the surplus, if any, of the proceeds of the sale to any person entitled thereto.",
"name": "Disposal of unclaimed things on the railway",
"related_acts": "",
"section_id": 44
},
{
"act_id": 65,
"details": "57. Where any animals, goods or sale-proceeds in the possession of the railway administration are claimed by two or more persons, or the ticket or receipt given for the animals or goods is not forthcoming, the railway administration may withholds delivery of the animals, goods or sale-proceeds until the person entitled in its opinion to receive them has given an indemnity, to the satisfaction of the railway administration, against the claims of any other person with respect to the animals, goods or sale-proceeds.",
"name": "Power for the railway administrations to require indemnity on delivery of goods in certain cases",
"related_acts": "",
"section_id": 45
},
{
"act_id": 65,
"details": "58. (1) The owner or person having charge of any goods which are brought upon the railway for the purpose of being carried thereon, and the consignee of any goods which have been carried on the railway, shall, on the request of any railway servant appointed in this behalf by the railway administration, deliver to such servant an account in writing signed by such owner or person, or by such consignee, as the case may be, and containing such a description of the goods as may be sufficient to determine the rate which the railway administration is entitled to charge in respect thereof. (2) If such owner, person or consignee refuses or neglects to give such an account, and refuses to open the parcel or package containing the goods in order that their description may be ascertained, the railway administration may, (a) in respect of goods which have been brought for the purpose of being carried on the railway, refuse to carry the goods unless in respect thereof a rate is paid not exceeding the highest rate which may be in force at the time on the railway for any class of goods or, (b) in respect of goods which have been carried on the railway, charge a rate not exceeding such highest rate. (3) If an account delivered under sub-section (1) is materially false with respect to the description of any goods to which it purports to relate, and which have been carried on the railway, the railway administration may charge in respect or the carriage of the goods a rate not exceeding double the highest rate which may be in force at the time on the railway for any class of goods. (4) If any difference arises between the railway servant and the owner or person having charge, or the consignee, of any goods which have been brought to be carried or have been carried on the railway, respecting the description of goods of which an account has been delivered under this section, the railway servant may detain and examine the goods. (5) If it appears from the examination that the description of the goods is different from that stated in an account delivered under sub-section (1), the person who delivered the account, or, if that person is not the owner of the goods, then that person and the owner jointly and severally, shall be liable to pay to the railway administration the cost of the detention and examination of the goods, and the railway administration shall be exonerated from all responsibility for any loss which may have been caused by the detention or examination thereof. (6) If it appears that the description of the goods is not different from that stated in an account delivered under sub-section (1), the railway administration shall pay the cost of the detention and examination, and be responsible to the owner of the goods for any such loss as aforesaid.",
"name": "Requisitions for written accounts of description of goods",
"related_acts": "",
"section_id": 46
},
{
"act_id": 65,
"details": "59. (1) No person shall be entitled to take with him, or to require the railway administration to carry, any dangerous or offensive goods upon the railway. (2) No person shall take any such goods with him upon the railway without giving notice of their nature to the station-master or other railway servant in charge of the place where he brings the goods upon the railway, or shall tender or deliver any such goods for carriage upon the railway without distinctly marking their nature on the outside of the package containing them or otherwise giving notice in writing of their nature to the railway servant to whom he tenders or delivers them. (3) Any railway servant may refuse to receive such goods for carriage, and, when such goods have been so received without such notice as is mentioned in sub-section (2) having to his knowledge been given, may refuse to carry them or may stop their transit. (4) If any railway servant has reason to believe any such goods to be contained in a package with respect to the contents whereof such notice as is mentioned in sub-section (2) has not to his knowledge been given, he may cause the package to be opened for the purpose of ascertaining its contents. (5) Nothing in this section shall be construed to derogate from the Explosives Act, 1884, or any rule under that Act, and nothing in sub-section (1), (3) and (4) shall be construed to apply to any goods tendered or delivered for carriage by order or on behalf of the Government or to any goods which an officer, soldier, sailor, airman or police-officer 23* * * may take with him upon the railway in the course of his employment or duty as such.",
"name": "Dangerous or offensive goods",
"related_acts": "52",
"section_id": 47
},
{
"act_id": 65,
"details": "60. At every station at which the railway administration quotes a rate to any other station for the carriage of traffic other than passengers and their luggage, the railway servant appointed by the administration to quote the rate shall, at the request of any person, show to him at all reasonable times, and without payment of any fee, the rate books or other documents in which the rate is authorised by the administration or administrations concerned.",
"name": "Exhibition to the public of authority for quoted rates",
"related_acts": "",
"section_id": 48
},
{
"act_id": 65,
"details": "61. (1) Where any charge is made by and paid to the railway administration in respect of the carriage of goods over its railway, the administration shall, on the application of the person by whom or on whose behalf the charge has been paid, render to the applicant an account showing how much of the charge comes under each of the following heads, namely:- (a)\tthe carriage of the goods on the railway; (b)\tterminals; (c)\tdemurrage; and (d)\tcollection, delivery and other expenses; but without particularizing the several items of which the charge under each head consists. (2) \tThe application under sub-section (1) must be in writing and be made to the railway administration within one month after the date of the payment of the charge by or on behalf of the applicant, and the account must be rendered by the administration within two months after the receipt of the application.",
"name": "Requisitions on the railway administrations for details of gross charges",
"related_acts": "",
"section_id": 49
},
{
"act_id": 65,
"details": "62. The Government may require any railway administration to provide and maintain in proper order, in any train worked by it which carries passengers, such efficient means of communication between the passengers and the railway servants in charge of the train as the Government has approved.",
"name": "Communication between passengers and the railwayservants in charge of trains",
"related_acts": "",
"section_id": 50
},
{
"act_id": 65,
"details": "63. The railway administration shall fix, subject to the approval of the Government, the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment, in English or in 24Bengali.",
"name": "Maximum number of passengers for each compartment",
"related_acts": "",
"section_id": 51
},
{
"act_id": 65,
"details": "64. (1) One and after the first day of January, 1891, the railway administration shall, in every train carrying passengers, reserve for the exclusive use of females one compartments at least of the lowest class of carriage forming part of the train. (2) One such compartment so reserved shall, if the train is to run for a distance exceeding fifty miles, be provided with a closet.",
"name": "Reservation of Compartments for females",
"related_acts": "",
"section_id": 52
},
{
"act_id": 65,
"details": "65. The railway administration shall cause to be posted in a conspicuous and accessible place at every station on its railway, in English and in 25Bengali, a copy of the time-tables for the time being in force on the railway, and lists of the fares chargeable for travelling from the station where the lists are posted to every place for which card-tickets are ordinarily issued to passengers at that station.",
"name": "Exhibition of time-tables and tables of fares at stations",
"related_acts": "",
"section_id": 53
},
{
"act_id": 65,
"details": "66. (1) Every person desirous of travelling on the railway shall, upon payment of his fare, be supplied with a ticket, specifying the class of carriage for which, and the place from and the place to which, the fare has been paid, and the amount of the fare. 26(2) The matters required by sub-section (1) to be specified on a ticket shall be set forth in Bengali or in English.",
"name": "Supply of tickets on payment of fares",
"related_acts": "",
"section_id": 54
},
{
"act_id": 65,
"details": "67. (1) Fares shall be deemed to be accepted, and tickets to be issued, subject to the condition of there being room available in the train for which the tickets are issued. (2) A person to whom a ticket has been issued and for whom there is not room available in the train for which the ticket was issued shall on returning the ticket within three hours after the departure of the train be entitled to have his fare at once refunded. (3) A person for whom there is not room available in the class of carriage for which he has purchased a ticket and who is obliged to travel in a carriage of a lower class shall be entitled on delivering up his ticket to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travelled.",
"name": "Provision for case in which tickets have been issued for trains not having room available for additional passengers",
"related_acts": "",
"section_id": 55
},
{
"act_id": 65,
"details": "68. (1) No person shall, without the permission of the railway servant, enter or remain in any carriage on the railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket. (2) The railway servant when granting the permission referred to in sub-section (1) shall ordinarily, if empowered in this behalf by the railway administration, grant to the passenger a certificate that the passenger has been permitted to travel in such carriage upon condition that he subsequently pays the fare payable for the distance to be travelled.",
"name": "Prohibition against travelling without pass or ticket",
"related_acts": "",
"section_id": 56
},
{
"act_id": 65,
"details": "69. Every passenger by the railway, shall, on the requisition of any railway servant appointed by the railway administration in this behalf, present his pass or ticket to the railway servant for examination, and at or near the end of the journey for which the pass or ticket was issued, or, in the case of a season pass or ticket, at the expiration of the period for which it is current, deliver up the pass or ticket to the railway servant.",
"name": "Exhibition and surrender of passes and tickets",
"related_acts": "",
"section_id": 57
},
{
"act_id": 65,
"details": "70. A return ticket or season ticket shall not be transferable and may be used only by the person for whose journey to and from the places specified thereon it was issued.",
"name": "Return and season tickets",
"related_acts": "",
"section_id": 58
},
{
"act_id": 65,
"details": "71. (1) The railway administration may refuse to carry, except in accordance with the conditions prescribed under section 47, sub-section (1), clause (d), a person suffering from any infectious or contagious disorder. (2) A person suffering from such a disorder shall not enter or travel upon the railway without the special permission of the station-master or other railway servant in charge of the place where he enters upon the railway. (3) The railway servant giving such permission as is mentioned in sub-section (2) must arrange for the separation of the person suffering from the disorder from other persons being or travelling upon the railway.",
"name": "Power to refuse to carry persons suffering from infectious or contagious disorder",
"related_acts": "",
"section_id": 59
},
{
"act_id": 65,
"details": "71A. In this Chapter, unless there is anything repugnant in the subject or context,- (a)\tthe employment of the railway servant is said to be “essentially intermittent” when it has been declared to be so by the authority empowered in this behalf, on the ground that it involves long periods of inaction; during which the railway servant is on duty but is not called upon to display either physical activity or sustained attention; and 28* * *",
"name": "Definitions",
"related_acts": "",
"section_id": 60
},
{
"act_id": 65,
"details": "71B. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 61
},
{
"act_id": 65,
"details": "71C. (1) The railway servant, other than the railway servant whose employment is essentially intermittent, shall not be employed for more than sixty hours a week on the average in any month. (2) The railway servant whose employment is essentially intermittent shall not be employed for more than eighty-four hours in any week. (3) Subject to rules made under section 71E, temporary exemptions of railway servants from the provisions of sub-section (1) and sub-section (2) may be made- (a)\twhen such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway, in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling-stock or in any emergency which could not have been foreseen or prevented; and (b)\tin cases of exceptional pressure of work not falling within the scope of clause (a): Provided that the railway servant exempted under clauses (b) shall be paid for overtime at not less than one and a quarter times his ordinary rate of pay.",
"name": "Limitation of hours of work",
"related_acts": "",
"section_id": 62
},
{
"act_id": 65,
"details": "71D. (1) The railway servant shall be granted, each week commencing on Sunday, a rest of not less than twenty-four consecutive hours: Provided that this sub-section shall not apply to the railway servant whose employment is essentially intermittent, or to the railway servant to whom sub-section (2) applies. (2) The Government may, by rules made under section 71E, specify the railway servants or classes of the railway servants to whom periods of rest may be granted on a scale less than that laid down in sub-section (1), and may prescribe the periods of rest to be granted to such railway servants. (3) Subject to rules made under section 71E, temporary exemptions form the grant of periods of rest may be made in the cases or circumstances specified in sub-section (3) of section 71C: Provided that the railway servant shall, as far as may be possible, be granted compensatory periods of rest for the periods he has foregone.",
"name": "Grant of periodical rest",
"related_acts": "",
"section_id": 63
},
{
"act_id": 65,
"details": "71E. (1) The Government may make rules- 29* * *; (b)\tprescribing the authorities who may declare that the employment of any railway servant or class or the railway servants is essentially intermittent; (c)\tspecifying the railway servants or classes of the railway servants to whom sub-section (2) of section 71D shall apply; (d)\tprescribing the authorities by whom exemptions under sub-section (3) of section 71C or sub-section (3) of section 71D may be made; (e)\tproviding for the delegation of their powers by the authorities prescribed under clause (d); and (f)\tproviding for any other matter which is to be provided for by rules or which the Government may deem to be requisite for carrying out the purposes of this Chapter. (2) Such rules shall be subject to the provisions of section 143. 71F. Nothing in this Chapter or the rules made thereunder shall authorise the railway servant to leave his duty where due provision has been made for his relief, until he has been relieved.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 64
},
{
"act_id": 65,
"details": "71F. Nothing in this Chapter or the rules made thereunder shall authorise the railway servant to leave his duty where due provision has been made for his relief, until he has been relieved.",
"name": "Railway servant to remain on duty",
"related_acts": "",
"section_id": 65
},
{
"act_id": 65,
"details": "71G. (1) The Government may appoint persons to be Supervisors of the Railway Labour. (2) The duties of Supervisors of the Railway Labour shall be- (a)\tto inspect the railway in order to determine if the provisions of this Chapter and of the rules made thereunder are duly observed, and (b)\tsuch other duties as the Government may prescribe. (3) A Supervisor of the Railway Labour shall be deemed to be an Inspector for the purposes of sections 5 and 6.",
"name": "Supervisors of Railway Labour",
"related_acts": "",
"section_id": 66
},
{
"act_id": 65,
"details": "71H. Any person under whose authority any railway servant is employed in contravention of any of the provisions of this Chapter or of the rules made thereunder shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 67
},
{
"act_id": 65,
"details": "72. (1) The responsibility of the railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by the railway shall, subject to the other provisions of this Act, be that of a bailee under sections 151, 152 and 161 of the Contract Act, 1872.(2) An agreement purporting to limit that responsibility shall, in so far as it purports to effect such limitation, be void, unless it- (a)\tis in writing signed by or on behalf of the person sending or delivering to the railway administration the animals or goods, and (b)\tis otherwise in a form approved by the Government. (3) Nothing 30* * * in the Carriers Act, 1865, regarding the responsibility of common carriers with respect to the carriage of animals or goods, shall affect the responsibility as in this section defined of the railway administration.",
"name": "Measure of the general responsibility of the railway administration as a carrier of animals and goods",
"related_acts": "26,15",
"section_id": 68
},
{
"act_id": 65,
"details": "73. (1) The responsibility of the railway administration under the last foregoing section for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not, in any case, exceed- (a)\tin the case of elephants, one thousand five hundred Taka per head, (b)\tin the case of horses, seven hundred and fifty Taka per head, (c)\tin the case of mules, camels or horned cattle, two hundred Taka per head, and (d)\tin the case donkeys, sheep, goats, dogs or other animals, thirty Taka per head, unless the person sending or delivering them to the administration caused them to be declared or declared them, at the time of their delivery for carriage by the railway, to be respectively of higher value than one thousand five hundred, seven hundred and fifty, two hundred or thirty Taka per head, as the case may be. (2) Where such higher value has been declared, the railway administration may charge, in respect of the increased risk, a percentage upon the excess of the value so declared over the respective sums aforesaid. (3) In every proceeding against the railway administration for the recovery of compensation for the loss, destruction or deterioration of any animal, the burden of proving the value of the animal, and, where the animal has been injured, the extent of the injury, shall lie upon the person claiming the compensation.",
"name": "Further provision with respect to the liability of the railway administration as a carrier of animals",
"related_acts": "",
"section_id": 69
},
{
"act_id": 65,
"details": "74. The railway administration shall not be responsible for the loss, destruction or deterioration of any luggage belonging to or in charge of a passenger unless the railway servant has booked and given a receipt therefor.",
"name": "Further provision with respect to the liability of the railway administration as a carrier of luggage",
"related_acts": "",
"section_id": 70
},
{
"act_id": 65,
"details": "75. (1) When any articles mentioned in the second schedule are contained in any parcel or package delivered to the railway administration for carriage by the railway, and the value of such articles in the parcel or package exceeds three hundred Taka, the railway administration shall not be responsible for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by the railway, and, if so required by the administration, paid or engaged to pay a percentage on the value so declared by way of compensation for increased risk. (2) When any parcel or package of which the value has been declared under sub-section (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss, destruction or deterioration shall not exceed the value so declared, and the burden of proving the value so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation. (3) The railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the second schedule that the railway servant authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.",
"name": "Further provision with respect to the liability of the railway administration as a carrier of articles of special value",
"related_acts": "",
"section_id": 71
},
{
"act_id": 65,
"details": "76. In any suit against the railway administration for compensation for loss, destruction or deterioration of animals or goods delivered to the railway administration for carriage by the railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused.",
"name": "Burden of proof in suits in respect of loss of animals or goods",
"related_acts": "",
"section_id": 72
},
{
"act_id": 65,
"details": "77. A person shall not be entitled to a refund of an over charge in respect of animals or goods carried by the railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of the delivery of the animals or goods for carriage by the railway.",
"name": "Notification of claims to refunds of overcharges and to compensation for losses",
"related_acts": "",
"section_id": 73
},
{
"act_id": 65,
"details": "78. Notwithstanding anything in the foregoing provisions of this Chapter, the railway administration shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which an account materially false has been delivered under sub-section (1) of section 58 if the loss, destruction or deterioration is in any way brought about by the false account, nor in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.",
"name": "Exoneration from responsibility in case of goods falsely described",
"related_acts": "",
"section_id": 74
},
{
"act_id": 65,
"details": "79. Where an officer, soldier, sailor, airman or follower, while being or travelling as such on duty upon the railway 31* * *, loses his life or receives any personal injury in such circumstances that, if he were not an officer, soldier, sailor, airman or follower being or travelling as such on duty upon the railway, compensation would be payable under Act No. XIII of 1855 or to him, as the case may be, the form and amount of the compensation to be made in respect of the loss of his life or his injury shall, where there is any provision in this behalf in the military, naval or air-force regulations to which he was immediately before his death, or is, subject, be determined in accordance with those regulations, and not otherwise.",
"name": "Settlement of compensation for injuries to officers, soldiers, airmen and followers on duty",
"related_acts": "",
"section_id": 75
},
{
"act_id": 65,
"details": "80. Notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, a suit for compensation for loss of the life of, or personal injury to, a passenger, or for loss, destruction or deterioration of animals or goods where the passenger was or the animals or goods were booked through over the railways of two or more railway administrations, may be brought either against the railway administration from which the passenger obtained his pass or purchased his ticket, or to which the animals or goods were delivered by the consignor thereof, as the case may be, or against the railway administration on whose railway the loss, injury, destruction or deterioration occurred.",
"name": "Suits for compensation for injury to through-booked traffic",
"related_acts": "",
"section_id": 76
},
{
"act_id": 65,
"details": "81. Repealed by section 5 of the Indian Railway Amendment Act, 1896 (Act No. IX of 1896).",
"name": "Repealed",
"related_acts": "",
"section_id": 77
},
{
"act_id": 65,
"details": "82. (1) When the railway administration contracts to carry passengers, animals or goods partly by the railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea from the act of God, the enemies of Bangladesh, fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind soever shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to animals or goods which may happen during the carriage by sea, to the extent to which it would be responsible under the 32Merchant Shipping Act, 1894, if the ship were registered under the former of those Acts and the railway administration were owner of the ship, and not to any greater extent. (2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration.",
"name": "Limitation of liability of the railway administration in respect of accidents at sea",
"related_acts": "",
"section_id": 78
},
{
"act_id": 65,
"details": "3382A. (1) When in the course of working the railway an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such accident. (2) The liability of the railway administration under this section shall in no case exceed ten thousand Taka in respect of any one person.",
"name": "Liability of the Railway Administration in respect of accidents to trains carrying passengers",
"related_acts": "",
"section_id": 79
},
{
"act_id": 65,
"details": "83. When any of the following accidents occur in the course of working the railway, namely:- (a)\tany accident attended with loss of human life, or with grievous hurt as defined in the 34Penal Code, or with serious injury to property; (b)\tany collision between trains of which one is a train carrying passengers; (c)\tthe derailment of any train carrying passengers or of any part of such a train; (d)\tany accident of a description usually attended with loss of human life or with such grevious hurt as aforesaid or with serious injury to property; (e)\tany accident of any other description which the Government may notify in this behalf in the official Gazette; the railway administration working the railway and, if the accident happens to a train belonging to any other railway administration, the other railway administration also shall, without unnecessary delay, send notice of the accident to the Government and to the Inspector appointed for the railway; and the station master nearest to the place at which the accident occurred or, where there is no station-master, the railway servant in charge of the section of the railway on which the accident occurred shall, without unnecessary delay, give notice of the accident to the Magistrate of the district in which the accident occurred, and to the officer in charge of the police-station within the local limits of which it occurred, or to such other Magistrate and police-officer as the Government appoints in this behalf.",
"name": "Report of the railway accidents",
"related_acts": "",
"section_id": 80
},
{
"act_id": 65,
"details": "84. The Government may make rules consistent with this Act and any other enactment for the time being in force for all or any of the following purposes, namely:- (a)\tfor prescribing the forms of the notices mentioned in the last foregoing section, and the particulars of the accident which those notices are to contain; (b)\tfor prescribing the class of accidents of which notice is to be sent by telegraph immediately after the accident has occurred; (c)\tfor prescribing the duties of the railway servants, police-officers, Inspectors and Magistrates on the occurrence of an accident.",
"name": "Power to make rules regarding notices of and inquiries into accidents",
"related_acts": "",
"section_id": 81
},
{
"act_id": 65,
"details": "85. The railway administration shall send to the Government a return of accidents occurring upon its railway, whether attended with personal injury or not, in such form and manner and at such intervals of time as the Government directs.",
"name": "Submission of return of accidents",
"related_acts": "",
"section_id": 82
},
{
"act_id": 65,
"details": "86. Whenever any person injured by an accident on the railway claims compensation on account of the injury, any Court or person having by law or consent of parties authority to determine the claim may order that the person injured be examined by some duly qualified medical practitioner named in the order and not being a witness on either side, and may make such order with respect to the cost of the examination as it or he thinks fit.",
"name": "Provision for compulsory medical examination of person injured in the railway accident",
"related_acts": "",
"section_id": 83
},
{
"act_id": 65,
"details": "87-98. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 84
},
{
"act_id": 65,
"details": "99. If the railway servant whose duty it is to comply with the provisions of section 60 negligently or wilfully omits to comply therewith, he shall be punished with fine which may extend to twenty Taka.",
"name": "Breach of duty imposed by section 60",
"related_acts": "",
"section_id": 85
},
{
"act_id": 65,
"details": "100. If the railway servant is in a state of intoxication while on duty, he shall be punished with fine which may extend to fifty Taka, or, where the improper performance of the duty would be likely to endanger the safety of any person travelling or being upon the railway, with imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Drunkenness",
"related_acts": "",
"section_id": 86
},
{
"act_id": 65,
"details": "101. If the railway servant, when on duty, endangers the safety of any person- (a)\tby disobeying any general rule made, sanctioned, published and notified under this Act, or (b)\tby disobeying any rule or order which is not inconsistent with any such general rule, and which such servant was bound by the terms of his employment to obey, and of which he had notice, or (c) \tby any rash or negligent act or omission, he shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred Taka or with both.",
"name": "Endangering the safety of persons",
"related_acts": "",
"section_id": 87
},
{
"act_id": 65,
"details": "102. If the railway servant compels or attempts to compel, or causes, any passenger to enter a compartment which already contains the maximum number of passengers exhibited therein or thereon under section 63, he shall be punished with fine which may extend to twenty Taka.",
"name": "Compelling passengers to enter carriages already full",
"related_acts": "",
"section_id": 88
},
{
"act_id": 65,
"details": "103. If a station -master or the railway servant in charge of a section of the railway omits to give such notice of an accident as is required by section 83 and the rules for the time being in force under section 84, he shall be punished with fine which may extend to fifty Taka.",
"name": "Omission to give notice of accident",
"related_acts": "",
"section_id": 89
},
{
"act_id": 65,
"details": "104. If the railway servant unnecessarily- (a)\tallows any rolling-stock to stand across a place where the railway crosses a public road on the level, or (b)\tkeeps a level-crossing closed against the public, he shall be punished with fine which may extend to twenty Taka.",
"name": "Obstructing level-crossings",
"related_acts": "",
"section_id": 90
},
{
"act_id": 65,
"details": "105. If any return which is required by this Act is false in any particular to the knowledge of any person who signs it, that person shall be punished with fine which may extend to five hundred Taka, or with imprisonment which may extend to one year, or with both.",
"name": "False returns",
"related_acts": "",
"section_id": 91
},
{
"act_id": 65,
"details": "106. If a person requested under section 58 to give an account with respect to any goods gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall be punished with fine which may extend to ten Taka for every maund or part of a maund of the goods, and the fine shall be in addition to any rate or other charge to which the goods may be liable.",
"name": "Giving false account of goods",
"related_acts": "",
"section_id": 92
},
{
"act_id": 65,
"details": "107. If in contravention of section 59 a person takes with him any dangerous or offensive goods upon the railway, or tenders or delivers any such goods for carriage upon the railway, he shall be punished with fine which may extend to five hundred Taka and shall also be responsible for any loss, injury or damage which may be caused by reason of such goods having been so brought upon the railway.",
"name": "Unlawfully bringing dangerous or offensive goods upon the railway",
"related_acts": "",
"section_id": 93
},
{
"act_id": 65,
"details": "35108A. If a passenger, having a proper pass or ticket with him or not, without reasonable and sufficient cause, alight from the train which has stopped at a place other than a station or a place appointed by the railway administration for passengers to leave the train and discontinues his journey, he shall be punished with fine which may extend to fifty Taka.",
"name": "Alighting from a train at a place not fixed for the purpose",
"related_acts": "",
"section_id": 94
},
{
"act_id": 65,
"details": "108. (1) If a passenger, without reasonable and sufficient cause, makes use of or interferes with any means provided by the railway administration for communication between passengers and the railway servants in-charge of a train, he shall be punished with a fine which shall not be less than one hundred Taka but not exceeding two hundred Taka or with imprisonment for a period of one month or with both. (2) If an adult passenger of a compartment in which an offence under sub-section (1) has been committed refuses, without reasonable and sufficient cause, to render any assistance, when such assistance is demanded of him, to the railway servant in identifying the passenger guilty of the offence, he shall be punished with fine which shall not be less than fifty Taka and which may extend to one hundred Taka.",
"name": "Needlessly interfering with means of communication in a train",
"related_acts": "",
"section_id": 95
},
{
"act_id": 65,
"details": "109. (1) If a passenger, having entered a compartment which is reserved by the railway administration for the use of another passenger, or which already contains the maximum number of passengers exhibited therein or thereon under section 63, refuses to leave it when required to do so by any railway servant, he shall be punished with fine which may extend to twenty Taka. (2) If a passenger resists the lawful entry of another passenger into a compartment not reserved by the railway administration for the use of the passenger resisting or not already containing the maximum number of passengers exhibited therein or thereon under section 63, he shall be punished with fine which may extend to twenty Taka.",
"name": "Entering compartment reserved or already full or resisting entry into a compartment not full",
"related_acts": "",
"section_id": 96
},
{
"act_id": 65,
"details": "110. (1) If a person, without the consent of his fellow-passengers, if any, in the same compartment, smokes in any compartment except a compartment specially provided for the purpose, he shall be punished with fine which may extend to twenty Taka. (2) If any person persists in so smoking after being warned by any railway servant to desist, he may, in addition to incurring the liability mentioned in sub-section (1), be removed by any railway servant from the carriage in which he is travelling.",
"name": "Smoking",
"related_acts": "",
"section_id": 97
},
{
"act_id": 65,
"details": "111. If a person, without authority in this behalf, pulls down or wilfully injures any board or document set up or posted by order of the railway administration on the railway or any rolling-stock, or obliterates or alters any of the letters or figures upon any such board or document, he shall be punished with fine which may extend to fifty Taka.",
"name": "Defacing public notices",
"related_acts": "",
"section_id": 98
},
{
"act_id": 65,
"details": "112. (1) If a person, with intent to defraud the railway administration,- (a)\tenters or remains in any carriage on the railway in contravention of section 68, or (b)\tuses or attempts to use a single pass or single ticket which has already been used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used, he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred Taka in addition to the amount of the single fare for any distance which he may have travelled. The burden of proof that there was no intention to defraud shall lie on the accused. (2) Notwithstanding anything contained in section 65 of the 36Penal Code, the Court convicting an offender under this section may direct that the offender in default of payment of any fine inflicted by the Court, shall suffer imprisonment for a term which may extend to three months.",
"name": "Fraudulently travelling or attempting to travel without proper pass or ticket",
"related_acts": "",
"section_id": 99
},
{
"act_id": 65,
"details": "37113A. Any person who, without having obtained the permission of the Railway servant, travels or attempts to travel in a carriage without having a proper pass or ticket with him, or in a carriage of a higher class than that for which he has obtained a pass or purchased a ticket, or in a carriage beyond the place authorised by his pass or ticket, or who being in a carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor under section 69, may be removed from the carriage by any railway servant authorised by the railway administration in this behalf or by any other person whom such railway servant may call to his aid, unless he then and there pays the fare and the excess charge which he is liable to pay under section 113: Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: Provided further that women and children, if unaccompanied by male passengers, shall not be so removed except either at the station at which they first enter the train or at a junction or terminal station or station at the headquarters of a civil district and only between the hours of 6 a.m. and 6 p.m.",
"name": "Power to remove persons from the railway carriage",
"related_acts": "",
"section_id": 100
},
{
"act_id": 65,
"details": "113. (1) If a passenger travels in a train without having a proper pass or a proper ticket with him, or, being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor under section 69, he shall be liable to pay, on the demand of any railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were examined or, in the case of their having been examined more than once, from the place where the tickets were last examined. (2) If a passenger travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket, or travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant appointed by the railway administration in this behalf, the excess charge hereinafter in this section mentioned, in addition to any difference between any fare paid by him and the fare payable in respect of such journey as he has made. (3) The excess charge referred to in sub-section (1) and sub-section (2) shall be a sum equivalent, to the amount otherwise payable under those sub-sections, or 38Taka five, whichever is greater: Provided that where the passenger has immediately after incurring the charge and before being detected by the railway servant notified to the railway servant on duty with the train the fact of the charge having been incurred, the excess charge shall be one-sixth of the excess charge otherwise payable calculated to the nearest 39multiple of ten poisha, or Taka one, whichever is greater: Provided further that if the passenger has with him a certificate granted under sub-section (2) of section 68, no excess charge shall be payable. (4) If a passenger liable to pay the excess charge and fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on demand being made therefor under one or other of those sub-sections, as the case may be, any railway servant appointed by the railway administration in this behalf may apply to any or Magistrate of the first or second class for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month. Any sum recovered under this sub-section shall, as it is recovered, be paid to the railway administration.",
"name": "Travelling without pass or ticket or with insufficient pass or ticket of beyond authorised distance",
"related_acts": "",
"section_id": 101
},
{
"act_id": 65,
"details": "114. If a person sells or attempts to sell, or parts or attempts to part with the possession of, any half of a return ticket in order to enable any other person to travel therewith, or purchase such half of a return ticket, he shall be punished with fine which may extend to fifty Taka, and, if the purchaser of such half of a return ticket travels or attempts to travel therewith, he shall be punished with an additional fine which may extend to the amount of the single fare for the journey authorised by the ticket.",
"name": "Transferring any half of return ticket",
"related_acts": "",
"section_id": 102
},
{
"act_id": 65,
"details": "115. That portion of any fine imposed under section 112 or the last foregoing section which represents the single fare therein mentioned shall, as the fine is recovered, be paid to the railway administration before any portion of the fine is credited to the Government.",
"name": "Disposal of fines under the two last foregoing sections",
"related_acts": "",
"section_id": 103
},
{
"act_id": 65,
"details": "116. If a passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punished with fine which may extend to fifty Taka.",
"name": "Altering or defacing pass or ticket",
"related_acts": "",
"section_id": 104
},
{
"act_id": 65,
"details": "117. (1) If a person suffering from an infectious or contagious disorder enters or travels upon the railway in contravention of section 71, sub-section (2), he, and any person having charge of him upon the railway when he so entered or travelled thereon, shall be punished with fine which may extend to twenty Taka, in addition to the forfeiture of any fare which either of them may have paid, and of any pass or ticket which either of them may have obtained or purchased, and may be removed from the railway by any railway servant. (2) If any such railway servant as is referred to in section 71, sub-section (2), knowing that a person is suffering from any infectious or contagious disorder, wilfully permits the person to travel upon the railway without arranging for his separation from other passengers, he shall be punished with fine which may extend to one hundred Taka.",
"name": "Being or suffering person to travel on railway with infectious or contagious disorder",
"related_acts": "",
"section_id": 105
},
{
"act_id": 65,
"details": "118. (1) If a passenger enters or leaves, or attempts to enter or leave, any carriage while the train is in motion, or elsewhere than at the side of the carriage adjoining the platform or other place appointed by the railway administration for passengers to enter or leave the carriage, or opens the side-door of any carriage while the train is in motion, he shall be punished with fine which may extend to twenty Taka. (2) If a passenger, after being warned by the railway servant to desist, persists in travelling on the roof, steps or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punished with fine which may extend to fifty Taka and may be removed from the railway by any railway servant.",
"name": "Entering carriage in motion, or otherwise improperly travelling on the railway",
"related_acts": "",
"section_id": 106
},
{
"act_id": 65,
"details": "119. If a male person, knowing a carriage, compartment, room or other place to be reserved by the railway administration for the exclusive use of females, enters the place without lawful excuse, or, having entered it, remains therein after having been desired by any railway servant to leave it, he shall be punished with fine which may extend to one hundred Taka, in addition to the forfeiture of any fare which he may have paid and of any pass or ticket which he may have obtained or purchased, and may be removed from the railway by any railway servant.",
"name": "Entering carriage or other place reserved for females",
"related_acts": "",
"section_id": 107
},
{
"act_id": 65,
"details": "120. If a person in any railway carriage or upon any part of the railway- (a)\tis in a state of intoxication, or (b)\tcommits any nuisance or act of indecency, or uses obscene or abusive language, or (c)\twilfully and without lawful excuse interferes with the comfort of any passenger or extinguishes any lamp, he shall be punished with fine which may extend to fifty Taka in addition to the forfeiture of any fare which he may have paid and of any pass or ticket which he may have obtained or purchased, and may be removed from the railway by any railway servant.",
"name": "Drunkenness or nuisance on the railway",
"related_acts": "",
"section_id": 108
},
{
"act_id": 65,
"details": "121. If a person wilfully obstructs or impedes any railway servant in the discharge of his duty, he shall be punished with fine which may extend to one hundred Taka.",
"name": "Obstructing railway servant in his duty",
"related_acts": "",
"section_id": 109
},
{
"act_id": 65,
"details": "122. (1) If a person unlawfully enters upon the railway, he shall be punished with fine which may extend to twenty Taka. (2) If a person so entering refuses to leave the railway on being requested to do so by any railway servant, or by any other person on behalf of the railway administration, he shall be punished with fine which may extend to fifty Taka, and may be removed from the railway by such servant or other person.",
"name": "Trespass and refusal to desist from trespass",
"related_acts": "",
"section_id": 110
},
{
"act_id": 65,
"details": "123. If a driver or conductor of a tramcar, omnibus, carriage, or other vehicle while upon the premises of the railway disobeys the reasonable directions of any railway servant or police-officer, he shall be punished with fine which may extend to twenty Taka.",
"name": "Disobedience of omnibus drivers to directions of the railway servants",
"related_acts": "",
"section_id": 111
},
{
"act_id": 65,
"details": "124. \tIn either of the following cases, namely:- (a)\tif a person knowing or having reason to believe that an engine or train is approaching along the railway, opens any gate set up on either side of the railway across a road, or passes or attempts to pass, or drives or takes, or attempts to drive or take, any animal, vehicle or other thing across the railway, (b)\tif, in the absence of a gate-keeper, a person omits to shut and fasten such a gate as aforesaid as soon as he and any animal, vehicle or other thing under his charge have passed through the gate, the person shall be punished with fine which may extend to fifty Taka.",
"name": "Opening or not properly shutting gates",
"related_acts": "",
"section_id": 112
},
{
"act_id": 65,
"details": "125. (1) The owner or person in charge of any cattle straying on the railway provided with fences suitable for the exclusion of cattle shall be punished with fine which may extend to five Taka for each head of cattle, in addition to any amount which may have been recovered or may be recoverable under the Cattle-trespass Act, 1871. (2) If any cattle are wilfully driven, or knowingly permitted to be, on any railway otherwise than for the purpose of lawfully crossing the railway or for any other lawful purpose, the person in charge of the cattle or, at the option of the railway administration, the owner of the cattle shall be punished with fine which may extend to ten Taka for each head of cattle, in addition to any amount which may have been recovered or may be recoverable under the Cattle-trespass Act, 1871. (3) Any fine imposed under this section may, if the Court so directs, be recovered in manner provided by section 25 of the Cattle-trespass Act, 1871. (4) The expression “public road” in section 11 and 26 of the Cattle-trespass Act, 1871, shall be deemed to include the railway, and any railway servant may exercise the powers conferred on officers of police by the former of those sections. (5) The word “cattle” has the same meaning in this section as in the Cattle-trespass Act, 1871.",
"name": "Cattle-trespass",
"related_acts": "22,22,22,22,22",
"section_id": 113
},
{
"act_id": 65,
"details": "126. If a person unlawfully- (a)\tputs or throws upon or across any railway any wood, stone or other matter or thing, or (b)\ttakes up, removes, loosens or displaces any rail, sleeper or other matter or thing belonging to any railway, or (c)\tturns, moves, unlocks or diverts any points or other machinery belonging to any railway, or (d)\tmakes or shows, or hides, or removes, any signal or light upon or near to any railway, or (e)\tdoes or causes to be done or attempts to do any other act or thing in relation to any railway, with intent, or with knowledge that he is likely, to endanger the safety of any person travelling or being upon the railway, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.",
"name": "Maliciously wrecking or attempting to wreck a train",
"related_acts": "",
"section_id": 114
},
{
"act_id": 65,
"details": "127. If a person unlawfully throws or causes to fall or strike at, against, into or upon any rolling-stock forming part of a train any wood, stone or other matter or thing with intent, or with knowledge that he is likely, to endanger the safety of any person being in or upon such rolling-stock or in or upon any other rolling-stock forming part of the same train, he shall be punished with transportation for life or with imprisonment for a term which may extend to ten years.",
"name": "Maliciously hurting or attempting to hurt persons travelling by the railway",
"related_acts": "",
"section_id": 115
},
{
"act_id": 65,
"details": "128. If a person, by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling-stock upon any railway, he shall be punished with imprisonment for a term which may extend to two years.",
"name": "Endangering safety of persons travelling by the railway by wilful act or omission",
"related_acts": "",
"section_id": 116
},
{
"act_id": 65,
"details": "129. If a person rashly or negligently does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the railway, he shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Endangering safety or persons travelling by the railway by rash or negligent act or omission",
"related_acts": "",
"section_id": 117
},
{
"act_id": 65,
"details": "40130A. Notwithstanding anything contained in any law for the time being in force, any railway servant, not being below the rank of Head Watchman, and authorised in this behalf by the railway administration, may detain and search any person who is employed in, or is found in or in the vicinity of any railway workshops, store, depot or other place for the deposit or handling of any property entrusted or belonging to the railway administration, and is suspected of removing such property without authority.",
"name": "Power to detain and search in cases of suspected theft",
"related_acts": "",
"section_id": 118
},
{
"act_id": 65,
"details": "130.(1) If a minor under the age of twelve years is with respect to any railway guilty of any of the acts or omissions mentioned or referred to in any of the four last foregoing sections, he shall be deemed, notwithstanding anything in \tsection 82 or section 83 of the 41Penal Code, to have committed an offence, and the Court convicting him may, if it thinks fit, direct that the minor, if a male, shall be punished with whipping, or may require the father or guardian of the minor to execute, within such time as the Court may fix, a bond binding himself, in such penalty as the Court directs, to prevent the minor from being again guilty of any of those acts or omissions. (2) The amount of the bond, if forfeited, shall be recoverable by the Court as if it were a fine imposed by itself. (3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the Court, he shall be punished with fine which may extend to fifty Taka.",
"name": "Special provision with respect to the commission by children of acts endangering safety of persons travelling by the railway",
"related_acts": "",
"section_id": 119
},
{
"act_id": 65,
"details": "131. (1) If a person commits any offence mentioned in section 100,101,119,120,121,126,127,128 or 129 or in section 130, sub-section (1), he may be arrested without warrant or other written authority by any railway servant or police-officer, or by any other person whom such servant or officer may call to his aid. (2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or commit him for trial.",
"name": "Arrest for offences against certain sections",
"related_acts": "",
"section_id": 120
},
{
"act_id": 65,
"details": "132. (1) If a person commits any offence under this Act, other than an offence mentioned in the last foregoing section, or fails or refuses to pay any excess charge or other sum demanded under section 113, and there is reason to believe that he will abscond or his name and address are unknown, and he refuses on demand to give his name and address, or there is reason to believe that the name or address given by him is incorrect, any railway servant or police-officer, or any other person whom such railway servant or police-officer may call to his aid, may, without warrant or other written authority, arrest him. (2) The person arrested shall be released on his giving bail or, if his true name and address are ascertained, on his executing a bond without sureties for his appearance before a Magistrate when required. (3) If the person cannot give bail and his true name and address are not ascertained, he shall with the least possible delay be taken before the nearest Magistrate having jurisdiction. (4) The provisions of Chapters XXXIX and XLII of the 42Code of Criminal Procedure, 1898, shall, so far as may be, apply to bail given and bonds executed under this section.",
"name": "Arrest of persons likely to abscond or unknown",
"related_acts": "75",
"section_id": 121
},
{
"act_id": 65,
"details": "133. No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class shall try any offence under this Act.",
"name": "Magistrates having jurisdiction under Act",
"related_acts": "",
"section_id": 122
},
{
"act_id": 65,
"details": "134. (1) Any person committing any offence against this Act or any rule thereunder shall be triable for such offence in any place in which he may be or which the Government may notify in this behalf, as well as in any other place in which he might be tried under any law for the time being in force. (2) Every notification under sub-section (1) shall be published in the official Gazette, and copy thereof shall be exhibited for the information of the public in some conspicuous place at each of such railway stations as the Government may direct.",
"name": "Place of trial",
"related_acts": "",
"section_id": 123
},
{
"act_id": 65,
"details": "135. Notwithstanding anything to the contrary in any enactment or in any agreement or award based on any enactment, the following rules shall regulate the levy of taxes in respect of the railway and from the railway administrations in aid of the funds of local authorities, namely:- (1) The railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Government has, by notification in the official Gazette, declared the railway administration to be liable to pay the tax. (2) While a notification of the Government under clause (1) of this section is in force, the railway administration shall be liable to pay to the local authority either the tax mentioned in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the Government may, having regard to all the circumstances of the case, from time to time determine to be fair and reasonable. (3) The Government may at any time revoke or vary a notification under clause (1) of this section. (4) Nothing in this section is to be construed as debarring any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of the railway premises or for any other service which the local authority may be rendering or be prepared to render within any part of the local area under its control. (5) “Local authority” in this section means a local authority as defined in the 43General Clauses Act, 1897, and includes any authority legally entitled to or entrusted with the control or management of any fund for the maintenance of watchmen or for the conservancy of a river.",
"name": "Taxation of railways by local authorities",
"related_acts": "73",
"section_id": 124
},
{
"act_id": 65,
"details": "136. (1) None of the rolling-stock, machinery, plant, tools, fittings, materials or effects used or provided by the railway administration for the purpose of the traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any Court or of any local authority or person having by law power to attach or distrain property or otherwise to cause property to be taken in execution without the previous sanction of the Government. (2) Nothing in sub-section (1) is to be construed as affecting the authority of any Court to attach the earnings of the railway in execution of a decree or order.",
"name": "Restriction on execution against the railway property",
"related_acts": "",
"section_id": 125
},
{
"act_id": 65,
"details": "137. Sub-sections (1) and (2) Omitted by section 2 of the Railway (Amendment) Act, 1956, (Act No. XXIII of 1956). (3) The railway servant shall not- (a)\tpurchase or bid for, either in person or by agent, in his own name or in that of another, or jointly or in shares with others, any property put up to auction under section 55 or section 56, or, (b)\tin contravention of any direction of the railway administration in this behalf, engage in trade.",
"name": "The railway servants to be public servants for the purposes of Chapter IX of the Penal Code",
"related_acts": "",
"section_id": 126
},
{
"act_id": 65,
"details": "138. If the railway servant is discharged or suspended from his office, or dies, absconds or absents himself, and he or his wife or widow, or any of his family or representatives, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration, or to a person appointed by the railway administration in this behalf, any station, dwelling-house, office or other building with its appurtenances, or any books, papers or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any Magistrate of the first class may, on application made by or on behalf of the railway administration, order any police-officer, with proper assistance, to enter upon the building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters, and to deliver the same to the railway a person appointed by the railway administration in that behalf.",
"name": "Procedure for summary delivery to the railway administration of property detained by the railway servant",
"related_acts": "",
"section_id": 127
},
{
"act_id": 65,
"details": "139. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 128
},
{
"act_id": 65,
"details": "140. Any notice or other document required or authorised by this Act to be served on the railway administration may be served, on the Manager- (a)\tby delivering the notice or other document to the Manager; or (b)\tby leaving it at his office; or (c)\tby forwarding it by post in a prepaid letter addressed to the Manager at his office and registered under Part III of the 44Post Office Act, 1898.",
"name": "Service of notices on the railway administrations",
"related_acts": "76",
"section_id": 129
},
{
"act_id": 65,
"details": "141. Any notice or other document required or authorised by this Act to be served on any person by the railway administration may be served- (a)\tby delivering it to the person; or (b)\tby leaving it at the usual or last known place of abode of the person; or (c)\tby forwarding it by post in a prepaid letter addressed to the person at his usual or last known place of abode and registered under Part III of the 45Post Office Act, 1898.",
"name": "Service of notices by the railway administrations",
"related_acts": "76",
"section_id": 130
},
{
"act_id": 65,
"details": "142. Where a notice or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.",
"name": "Presumption where notice is served by post",
"related_acts": "",
"section_id": 131
},
{
"act_id": 65,
"details": "143. (1) A rule under section 22, section 34 or section 84, or the cancellation, rescission or variation of a rule under any of those sections or under section 47, sub-section (4), shall not take effect until it has been published in the official Gazette. (2) Where any rule made under this Act, or the cancellation, rescission or variation of any such rule, is required by this Act to be published in the official Gazette, it shall, besides being so published, be further notified to persons affected thereby in such manner as the authority making, cancelling, rescinding or varying the rule, by general or special order, directs.",
"name": "Provisions with respect to rules",
"related_acts": "",
"section_id": 132
},
{
"act_id": 65,
"details": "144. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 133
},
{
"act_id": 65,
"details": "145. (1) The Manager of the railway administration, may, by instrument in writing, authorise any railway servant or other person to act for or represent him in any proceeding before any Civil, Criminal or other Court. (2) A person authorised by a Manager to conduct prosecutions on behalf of the railway administration shall, notwithstanding anything in section 495 of the 46Code of Criminal Procedure, 1898, be entitled to conduct such prosecutions without the permission of the Magistrate.",
"name": "Representation of Managers and Agents of the Railways in Courts",
"related_acts": "75",
"section_id": 134
},
{
"act_id": 65,
"details": "146. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 135
},
{
"act_id": 65,
"details": "47147. The Government may, by notification in the official Gazette, exempt the railway from the operation of any of the provisions of the Act.",
"name": "Power to exempt the railway from the operation of the provisions of the Act",
"related_acts": "",
"section_id": 136
},
{
"act_id": 65,
"details": "148. (1) For the purposes of section 3, clauses (5), (6) and (7), and sections 4 to 19 (both inclusive), 47 to 52 (both inclusive), 59, 79, 83 to 92 (both inclusive), 96, 97, 98, 100, 101, 103, 104, 107, 111, 122, 124 to 132 (both inclusive), 134 to 138 (both inclusive), 140, 141, 144, 145, and 147, the word the railway, whether it occurs alone or as a prefix to another word, has reference to the railway or portion of the railway under construction and to the railway or portion of the railway not used for the public carriage of passengers, animals or goods as well as to the railway falling within the definition of that word in section 3, clause (4). (2) For the purposes of sections 5, 21, 83, 100, 101, 103, 104, 121, 122, 125 and 138, the expression “the railway servant” includes a person employed upon the railway in connection with the service thereof by a person fulfilling a contract with the railway administration.",
"name": "Matters supplemental to the definitions of “the railway” and “the railway servant”",
"related_acts": "",
"section_id": 137
},
{
"act_id": 65,
"details": "149. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 138
},
{
"act_id": 65,
"details": "150. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 139
}
],
"text": "1♣An Act to consolidate, amend and add to the law relating to the Railway. WHEREAS it is expedient to consolidate, amend and add to the law relating to the railway; It is hereby enacted as follows:-"
} |
{
"id": 66,
"lower_text": [
"1 The words, commas and figure “Customs Act, 1969,” were substituted, for the words, commas and figure “section 150 of the Sea Customs Act, 1878,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Excise (Malt Liquors) Act, 1890",
"num_of_sections": 4,
"published_date": "28th March, 1890",
"related_act": [
354,
66,
430
],
"repelled": false,
"sections": [
{
"act_id": 66,
"details": "1. (1) This Act may be called the Excise (Malt Liquors) Act, 1890: (2) Repealed by the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Title",
"related_acts": "66",
"section_id": 1
},
{
"act_id": 66,
"details": "2-5. Repealed by the Excise Act, 1896 (Act No. XII of 1896).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 66,
"details": "6-8. Repealed by the Bengal Excise Act, 1909 (Act No. V of 1909).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 66,
"details": "9. The provisions of 1Customs Act, 1969, with respect to the allowance of a drawback of excise-duty paid on spirit manufactured in 2Bangladesh and exported to a foreign port, and with respect to the regulation of the drawback by the quantity of such spirit, shall apply also, so far as they can be made applicable, to fermented liquor made in 3Bangladesh from malt and so exported and to the drawback of the excise-duty paid on such liquor.",
"name": "Application of provisions of Customs Act, 1969, to malt liquor",
"related_acts": "354",
"section_id": 4
}
],
"text": "Long title Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). WHEREAS it is expedient to apply to malt liquor provisions of the Customs Act, 1969,respecting spirit; it is hereby enacted as follows:-"
} |
{
"id": 67,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (1) was substituted, for clause (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 Sub-clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words \"the High Court Division\" were substituted, for the words \"a High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Bankers' Book Evidence Act, 1891",
"num_of_sections": 7,
"published_date": "1st October, 1890",
"related_act": [
430
],
"repelled": true,
"sections": [
{
"act_id": 67,
"details": "1.(1) This Act may be called the Bankers' Books Evidence Act, 1891. (2) \tIt extends to the whole of 1Bangladesh.",
"name": "Title and extent",
"related_acts": "",
"section_id": 1
},
{
"act_id": 67,
"details": "2. \tIn this Act, unless there is something repugnant in the subject or context,- 2(1)\t\"Company\" means a company registered under any of the enactments relating to companies for the time being in force in Bangladesh or incorporated by any Bangladesh Law; (2) \t\"bank\" and \"banker\" mean- (a) \tany company carrying on the business of bankers, 3* * * (c) \tany post office savings bank or money order \toffice: (3) \t\"bankers' books\" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank: (4) \t\"legal proceeding\" means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration: (5) \t\"the Court\" means the person or persons before whom a legal proceeding is held or taken: (6) \t\"Judge\" means a Judge of 4the High Court Division: (7) \t\"trial\" means any hearing before the Court at which evidence is taken: and (8) \t\"certified copy\" means a copy of any entry in the books of a bank together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 67,
"details": "3. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "OMITTED",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 67,
"details": "4. Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.",
"name": "Mode of proof of entries in bankers' books",
"related_acts": "",
"section_id": 4
},
{
"act_id": 67,
"details": "5. No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.",
"name": "Case in which officer of bank not compellable to produce books",
"related_acts": "",
"section_id": 5
},
{
"act_id": 67,
"details": "6. (1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies. (2) An order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court or Judge shall otherwise direct. (3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same not be enforced without further order.",
"name": "Inspection books by order of Court or Judge",
"related_acts": "",
"section_id": 6
},
{
"act_id": 67,
"details": "7. (1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank. (2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding. (3) Any order under this section awarding costs may, on application to any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money passed by itself: Provided that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs.",
"name": "Costs",
"related_acts": "",
"section_id": 7
}
],
"text": "An Act to amend the Law of Evidence with respect to Bankers' Books. WHEREAS it is expedient to amend the Law of Evidence with respect to Bankers' books; It is hereby enacted as follows:-"
} |
{
"id": 68,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"other\" was substituted, for the word \"local\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"other\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Partition Act, 1893",
"num_of_sections": 10,
"published_date": "9th March, 1893",
"related_act": [
68,
430
],
"repelled": false,
"sections": [
{
"act_id": 68,
"details": "1. (1) This Act may be called the Partition Act, 1893. (2) It extends to the whole of 1Bangladesh; (3) Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1914 (Act No. X of 1914). (4) But nothing herein contained shall be deemed to affect any 2other law providing for the partition of immoveable property paying revenue to Government.",
"name": "Title, Extent and saving",
"related_acts": "68",
"section_id": 1
},
{
"act_id": 68,
"details": "2. Wherever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property, and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.",
"name": "Power to Court to order sale instead of division in partition suits",
"related_acts": "",
"section_id": 2
},
{
"act_id": 68,
"details": "3. (1) If, in any case in which the Court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the Court shall order a valuation of the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, and may give all necessary and proper directions in that behalf. (2) If two or more shareholders severally apply for leave to buy as provided in sub-section (1), the Court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the Court. (3) If no such shareholder is willing to buy such share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications.",
"name": "Procedure when sharer undertakes to buy",
"related_acts": "",
"section_id": 3
},
{
"act_id": 68,
"details": "4. (1) Where a share of a dwelling-house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf. (2) If in any case describes in sub-section (1) two or more members of the family being such shareholders severally undertake to buy such share, the Court shall follow the procedure prescribed by sub-section (2) of the last foregoing section",
"name": "Partition suit by transferee of share in dwelling- house",
"related_acts": "",
"section_id": 4
},
{
"act_id": 68,
"details": "5. In any suit for partition a request for sale may be made or an undertaking, or application for leave, to buy may be given or made on behalf of any party under disability by any person authorized to act on behalf of such party in such suit, but the Court shall not be bound to comply with any such request, undertaking or application unless it is of opinion that the sale or purchase will be for the benefit of the party under such disability.",
"name": "Representation of parties under disability",
"related_acts": "",
"section_id": 5
},
{
"act_id": 68,
"details": "6. (1) Every sale under section 2 shall be subject to a reserved bidding, and the amount of such bidding shall be fixed by the Court in such manner as it may think fit and may be varied from time to time. (2) On any such sale any of the shareholders shall be at liberty to bid at the sale on such terms as to non-payment of deposit or as to setting off or accounting for the purchase-money or any part thereof instead of paying the same as to the Court may seem reasonable. (3) If two or more persons, of whom one is a shareholder in the property, respectively advance the same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of the shareholder.",
"name": "Reserved bidding and bidding by shareholders",
"related_acts": "",
"section_id": 6
},
{
"act_id": 68,
"details": "7. Save as hereinbefore provided, when any property is directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted, namely:- 3* * *. (b) \tif the property be sold under a decree or order of any 4* * * Court, such procedure as the 5Supreme Court may from time to time by rules prescribe in this behalf, and until such rules are made, the procedure prescribed in the Code of Civil Procedure in respect of sales in execution of decrees.",
"name": "Procedure to be followed in case of sales",
"related_acts": "",
"section_id": 7
},
{
"act_id": 68,
"details": "8. Any order for sale made by the Court under section 2, 3 or 4 shall be deemed to be a decree within the meaning of section 2 of the Code of Civil Procedure.",
"name": "Orders for sale to be deemed decrees",
"related_acts": "",
"section_id": 8
},
{
"act_id": 68,
"details": "9. In any suit for partition the Court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this Act.",
"name": "Saving of Power to order partly partition and partly sale",
"related_acts": "",
"section_id": 9
},
{
"act_id": 68,
"details": "10. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 10
}
],
"text": "An Act to amend the Law relating to Partition. WHEREAS it is expedient to amend the Law relating to partition; It is hereby enacted as follows:-"
} |
{
"id": 69,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\" and \"Government\" were substituted, for the words \"Pakistan\" and \"Provincial Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Sub-section (4) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"Code of Criminal Procedure, 1898\" were substituted, for the words, comma and figure \"Code of Criminal Procedure, 1882\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The words, comma and figure \"Code of Criminal Procedure, 1898\" were substituted, for the words, comma and figure \"Code of Criminal Procedure, 1882\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words, comma and figure \"Prisoners Act, 1900\" were substituted, for the words, comma and figure \"Prisoners Act, 1871\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words and comma \"Bangladesh, who\" were substituted, for the words and comma \"subject to each Provincial Government, and\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words \"subject to the orders of the Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word \"the\" was substituted, for the word \"such\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words \"in Bengali\" were substituted, for the words \"the vernacular\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words and commas \"subject, however, to the consent of the Provincial Government of any other province to which a prisoner is to be transferred\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words, commas and figure \"Code of Criminal Procedure, 1898,\" were substituted, for the words, commas and figure \"Code of Criminal Procedure, 1882,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The word \"Bengali\" was substituted, for the words \"the vernacular\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Prisons Act, 1894",
"num_of_sections": 62,
"published_date": "22nd March, 1894",
"related_act": [
80,
75,
69,
430
],
"repelled": false,
"sections": [
{
"act_id": 69,
"details": "1. (1) This Act may be called the Prisons Act, 1894. (2) It extends to the whole of Bangladesh. (3) It shall come into force on the first day of July, 1894. 2* * *",
"name": "Title, extent and commencement",
"related_acts": "69",
"section_id": 1
},
{
"act_id": 69,
"details": "2. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 69,
"details": "3. In this Act:- (1) \"prison\" means any jail or place used permanently or temporarily under the general or special orders of Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include (a)\tany place for the confinement of prisoners who are exclusively in the custody of the police; (b)\tany place specially appointed by the Government under section 541 of the 3Code of Criminal Procedure, 1898; or (c)\tany place which has been declared by the Government, by general or special order, to be a subsidiary jail: (2) \"criminal prisoner\" means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial: (3) \t\"convicted criminal prisoner\" means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the 4Code of Criminal Procedure, 1898, or under the 5Prisoners Act, 1900: (4) \t\"civil prisoner\" means any prisoner who is not a criminal prisoner: (5) \t\"remission system\" means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails: (6) \"history-ticket\" means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder: (7) \t\"Inspector General\" means the Inspector General of Prisons: (8) \t\"Medical Subordinate\" means an Assistant Surgeon, Apothecary or qualified Hospital Assistant: and (9) \t\"prohibited article\" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.",
"name": "Definitions",
"related_acts": "75,75,80",
"section_id": 3
},
{
"act_id": 69,
"details": "4. The Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.",
"name": "Accommodation for prisoners",
"related_acts": "",
"section_id": 4
},
{
"act_id": 69,
"details": "5. An Inspector General shall be appointed for the territories of 6Bangladesh, who shall exercise, 7* * *, the general control and superintendence of all prisons situated in the territories under 8the Government.",
"name": "Inspector General",
"related_acts": "",
"section_id": 5
},
{
"act_id": 69,
"details": "6. For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the Government thinks necessary:",
"name": "Officers of prisons",
"related_acts": "",
"section_id": 6
},
{
"act_id": 69,
"details": "7. Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison, or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such manner as the Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.",
"name": "Temporary accommodation for prisoners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 69,
"details": "8. All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section 59.",
"name": "Control and duties of officers of prisons",
"related_acts": "",
"section_id": 8
},
{
"act_id": 69,
"details": "9. No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.",
"name": "Officers not to have business dealings with prisoners",
"related_acts": "",
"section_id": 9
},
{
"act_id": 69,
"details": "10. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison: nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.",
"name": "Officers not to be interested in prison-contracts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 69,
"details": "11. (1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.(2) Subject to such general or special directions as may be given by the Government, the Superintendent of a prison other than a central prison or a prison situated in a presidency-town shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon.",
"name": "Superintendent",
"related_acts": "",
"section_id": 11
},
{
"act_id": 69,
"details": "12. The Superintendent shall keep, or cause to be kept, the following records:- (1)\ta register of prisoners admitted; (2)\ta book showing when each prisoner is to be released; (3)\ta punishment-book for the entry of the punishments inflicted on prisoners for prison-offences; (4)\ta visitors' book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison; (5)\ta record of the money and other articles taken from prisoners; and all such other records as may be prescribed by rules under section 59.",
"name": "Records to be kept by Superintendent",
"related_acts": "",
"section_id": 12
},
{
"act_id": 69,
"details": "13. Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the Government under section 59.",
"name": "Duties of Medical Officer",
"related_acts": "",
"section_id": 13
},
{
"act_id": 69,
"details": "14. Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.",
"name": "Medical Officer to report in certain cases",
"related_acts": "",
"section_id": 14
},
{
"act_id": 69,
"details": "15. On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely:- (1)\tthe day on which the deceased first complained of illness or was observed to be ill, (2)\tthe labour, if any, on which he was engaged on that day, (3)\tthe scale of his diet on that day, (4)\tthe day on which he was admitted to hospital, (5)\tthe day on which the Medical Officer was first informed of the illness, (6)\tthe nature of the disease, (7)\twhen the deceased was last seen before his death by the Medical Officer or Medical Subordinate, (8)\twhen the prisoner died, and (9)\t(in cases where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required.",
"name": "Report on death of prisoner",
"related_acts": "",
"section_id": 15
},
{
"act_id": 69,
"details": "16. (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere. (2) The Jailer shall not, without the Inspector General's sanction in writing, be concerned in any other employment.",
"name": "Jailer",
"related_acts": "",
"section_id": 16
},
{
"act_id": 69,
"details": "17. Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.",
"name": "Jailer to give notice of death of prisoner",
"related_acts": "",
"section_id": 17
},
{
"act_id": 69,
"details": "18. The Jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.",
"name": "Responsibility of Jailer",
"related_acts": "",
"section_id": 18
},
{
"act_id": 69,
"details": "19. The Jailer shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.",
"name": "Jailer to be present at night",
"related_acts": "",
"section_id": 19
},
{
"act_id": 69,
"details": "20. Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailer under this Act or any rule thereunder.",
"name": "Powers of Deputy and Assistant Jailers",
"related_acts": "",
"section_id": 20
},
{
"act_id": 69,
"details": "21. The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the Jailer.",
"name": "Duties of gate-keeper",
"related_acts": "",
"section_id": 21
},
{
"act_id": 69,
"details": "22. Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.",
"name": "Subordinate officers not to be absent without leave",
"related_acts": "",
"section_id": 22
},
{
"act_id": 69,
"details": "23. Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the 9Penal Code.",
"name": "Convict Officers",
"related_acts": "",
"section_id": 23
},
{
"act_id": 69,
"details": "24. (1) Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him. (2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Jailer, a record of the state of the prisoner's health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add. (3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.",
"name": "Prisoners to be examined on admission",
"related_acts": "",
"section_id": 24
},
{
"act_id": 69,
"details": "25. All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.",
"name": "Effects of prisoners",
"related_acts": "",
"section_id": 25
},
{
"act_id": 69,
"details": "26. (1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer. (2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal. (3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.",
"name": "Removal and discharge of prisoners",
"related_acts": "",
"section_id": 26
},
{
"act_id": 69,
"details": "27. The requisitions of this Act with respect to the separation of prisoners are as follows:- (1) \tin a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners: (2)\tin a prison where male prisoners under the age of twenty-one are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not: (3)\tunconvicted criminal prisoners shall be kept apart from convicted criminal prisoners: and (4)\tcivil prisoners shall be kept apart from criminal prisoners.",
"name": "Separation of prisoners",
"related_acts": "",
"section_id": 27
},
{
"act_id": 69,
"details": "28. Subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.",
"name": "Association and segregation of prisoners",
"related_acts": "",
"section_id": 28
},
{
"act_id": 69,
"details": "29. No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer or the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.",
"name": "Solitary confinement",
"related_acts": "",
"section_id": 29
},
{
"act_id": 69,
"details": "30. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession. (2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.",
"name": "Prisoners under sentence of death",
"related_acts": "",
"section_id": 30
},
{
"act_id": 69,
"details": "31. A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector General.",
"name": "Maintenance of certain prisoners from private sources",
"related_acts": "",
"section_id": 31
},
{
"act_id": 69,
"details": "32. No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.",
"name": "Restriction on transfer of food and clothing between certain prisoners",
"related_acts": "",
"section_id": 32
},
{
"act_id": 69,
"details": "33. (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary. (2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.",
"name": "Supply of clothing and bedding to civil and unconvicted criminal prisoners",
"related_acts": "",
"section_id": 33
},
{
"act_id": 69,
"details": "34. (1) Civil prisoners may, with the Superintendent's permission, work and follow any trade or profession.(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance.",
"name": "Employment of civil prisoners",
"related_acts": "",
"section_id": 34
},
{
"act_id": 69,
"details": "35. (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day. (2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time. (3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him.",
"name": "Employment of criminal prisoners",
"related_acts": "",
"section_id": 35
},
{
"act_id": 69,
"details": "36. Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.",
"name": "Employment of criminal prisoners sentenced to simple imprisonment",
"related_acts": "",
"section_id": 36
},
{
"act_id": 69,
"details": "37. (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Jailer.(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoners desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medial Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.",
"name": "Sick prisoners",
"related_acts": "",
"section_id": 37
},
{
"act_id": 69,
"details": "38. All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner's history-ticket or in such other record as the Government may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.",
"name": "Record of directions of Medical Officers",
"related_acts": "",
"section_id": 38
},
{
"act_id": 69,
"details": "39. In every prison an hospital or proper place for the reception of sick prisoners shall be provided.",
"name": "Hospital",
"related_acts": "",
"section_id": 39
},
{
"act_id": 69,
"details": "40. Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.",
"name": "Visits to civil and unconvicted criminal prisoners",
"related_acts": "",
"section_id": 40
},
{
"act_id": 69,
"details": "41. (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of any prisoner or of another visitor. (2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the Government may direct.",
"name": "Search of visitors",
"related_acts": "",
"section_id": 41
},
{
"act_id": 69,
"details": "42. Whoever, contrary to any rule under section 59 introduces or removes or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a preson, and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred Taka or to both.",
"name": "Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners",
"related_acts": "",
"section_id": 42
},
{
"act_id": 69,
"details": "43. When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name of residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer shall proceed as if the offence had been committed in his presence.",
"name": "Power to arrest for offence under section 42",
"related_acts": "",
"section_id": 43
},
{
"act_id": 69,
"details": "44. The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and 10in Bengali setting forth the acts prohibited under section 42 and the penalties incurred by their commission.",
"name": "Publication of penalties",
"related_acts": "",
"section_id": 44
},
{
"act_id": 69,
"details": "45. The following acts are declared to be prison-offences when committed by a prisoner:- (1)\tsuch wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence; (2)\tany assault or use of criminal force; (3)\tthe use of insulting or threatening language; (4)\timmoral or indecent or disorderly behaviour; (5)\twilfully disabling himself from labour; (6)\tcontumaciously refusing to work; (7)\tfiling, cutting, altering or removing handcuffs, fetters or bars without due authority; (8)\twilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment; (9)\twilful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (10)\twilful damage to prison-property; (11)\ttampering with or defacing history-tickets, records or documents; (12)\treceiving, possessing or transferring any prohibited article; (13)\tfeigning illness; (14)\twilfully bringing a false accusation against any officer or prisoner; (15)\tomitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, and escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison-official; and (16)\tconspiring to escape, or to assist in escaping or to commit any other of the offences aforesaid.",
"name": "Prison-offences",
"related_acts": "",
"section_id": 45
},
{
"act_id": 69,
"details": "46. The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by - (1) a formal warning: Explanation.-A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner's history-ticket; (2)\tchange of labour to some more irksome or severe form for such period as may be prescribed by rules made by the Government; (3)\thard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment; (4)\tsuch loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the Government; (5)\tthe substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months; (6)\timposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Government; (7)\timposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Government; (8)\tseparate confinement for any period not exceeding three months: Explanation.-Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners; (9)\tpenal diet,- that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the Government: Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence not until after an interval of one week; (10)\tcellular confinement for any period not exceeding fourteen days: Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement: Explanation.-Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners; (11) \tpenal diet as defined in clause (9) combined with cellular confinement; (12) \twhipping, provided that the number of stripes shall not exceed thirty: Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.",
"name": "Punishment of such offences",
"related_acts": "",
"section_id": 46
},
{
"act_id": 69,
"details": "47. (1) Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely:- (1)\tformal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section; (2)\tpenal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with cellular confinement; (3)\tcellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable; (4)\twhipping shall not be combined with any other form of punishment except cellular and separate confinement and loss of privileges admissible under the remission system; (5)\tno punishment will be combined with any other punishment in contravention of rules made by the Government. (2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence.",
"name": "Plurality of punishments under section 46",
"related_acts": "",
"section_id": 47
},
{
"act_id": 69,
"details": "48. (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General. (2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.",
"name": "Award of punishments under sections 46 and 47",
"related_acts": "",
"section_id": 48
},
{
"act_id": 69,
"details": "49. Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.",
"name": "Punishments to be in accordance with foregoing sections",
"related_acts": "",
"section_id": 49
},
{
"act_id": 69,
"details": "50. (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12. (2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary. (3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.",
"name": "Medical Officer to certify to fitness of prisoner for punishment",
"related_acts": "",
"section_id": 50
},
{
"act_id": 69,
"details": "51. (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class (whether habitual or not ) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction. (2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor. (3) Against the entries relating to each punishment the Jailer and Superintendent shall affix their initials as evidence of the correctness of the entries.",
"name": "Entries in punishment-book",
"related_acts": "",
"section_id": 51
},
{
"act_id": 69,
"details": "52. If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46: Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class: and Provided also that no person shall be punished twice for the same offence.",
"name": "Procedure on committal of heinous offence",
"related_acts": "",
"section_id": 52
},
{
"act_id": 69,
"details": "53. (1) No punishment of whipping shall be inflicted in installments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate. (2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.",
"name": "Whipping",
"related_acts": "",
"section_id": 53
},
{
"act_id": 69,
"details": "54. (1) Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred Taka, or to imprisonment for a period not exceeding three months, or to both. (2) No person shall under this section be punished twice for the same offence.",
"name": "Offences by prison subordinates",
"related_acts": "",
"section_id": 54
},
{
"act_id": 69,
"details": "55. A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.",
"name": "Extramural custody, control and employment of prisoners",
"related_acts": "",
"section_id": 55
},
{
"act_id": 69,
"details": "56. Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the Government, so confine them.",
"name": "Confinement in irons",
"related_acts": "",
"section_id": 56
},
{
"act_id": 69,
"details": "57. (1) Prisoners under sentence of transportation may, subject to any rules made under section 59, be confined in fetters for the first three months after admission to prison. (2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.",
"name": "Confinement of prisoners under sentence of transportation in irons",
"related_acts": "",
"section_id": 57
},
{
"act_id": 69,
"details": "58. No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.",
"name": "Prisoners not to be ironed by Jailer except under necessity",
"related_acts": "",
"section_id": 58
},
{
"act_id": 69,
"details": "59. The Government may make rules consistent with this Act- (1)\tdefining the acts which shall constitute prison-offences; (2)\tdetermining the classification of prison-offences into serious and minor offences; (3)\tfixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof; (4)\tdeclaring the circumstances in which acts constituting both a prison-offence and an offence under the 11Penal Code may or may not be dealt with as a prison-offence; (5)\tfor the award of marks and the shortening of sentences; (6)\tregulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape; (7)\tdefining the circumstances and regulating the conditions under which prisoners in danger of death may be released; (8)\tfor the classification of prisons, and description and construction of wards, cells and other places of detention; (9)\tfor the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons; (10)\tfor the government of prisons and for the appointment of all officers appointed under this Act; (11)\tas to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost; (12)\tfor the employment, instruction and control of convicts within or without prisons; (13)\tfor defining articles the introduction or removal of which into or out of prisons without due authority is prohibited; (14)\tfor classifying and prescribing the forms of labour and regulating the periods of rest from labour; (15)\tfor regulating the disposal of the proceeds of the employment of prisoners; (16)\tfor regulating the confinement in fetters of prisoners sentenced to transportation; (17)\tfor the classification and the separation of prisoners; (18)\tfor regulating the confinement of convicted criminal prisoners under section 28; (19)\tfor the preparation and maintenance of history-tickets; (20)\tfor the selection and appointment of prisoners as officers of prisons; (21)\tfor rewards for good conduct; (22)\tfor regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire 12* * *; (23)\tfor the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons; (24)\tfor regulating the transmission of appeals and petitions from prisoners and their communications with their friends; (25)\tfor the appointment and guidance of visitors of prisons; (26)\tfor extending any or all the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 13Code of Criminal Procedure, 1898, and to the officers employed, and the prisoners confined, therein; (27)\tin regard to the admission, custody, employment, dieting, treatment and release of prisoners; and (28)\tgenerally for carrying into effect the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "75",
"section_id": 59
},
{
"act_id": 69,
"details": "60. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 60
},
{
"act_id": 69,
"details": "61. Copies of rules, under section 59 so far as they affect the government of prisons, shall be exhibited, both in English and in 14Bengali, in some place to which all persons employed within a prison have access.",
"name": "Exhibition of copies of rules",
"related_acts": "",
"section_id": 61
},
{
"act_id": 69,
"details": "62. All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the Government may appoint in this behalf either by name or by his official designation.",
"name": "Exercise of powers of Superintendent and Medical Officer",
"related_acts": "",
"section_id": 62
}
],
"text": "1♣An Act to amend the law relating to Prisons WHEREAS it is expedient to amend the Law relating to prisons in Bangladesh, and to provide rules for the regulation of such prisons; It is hereby enacted as follows:-"
} |
{
"id": 70,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Parliament\" was substituted, for the word \"Legislature\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Government Grants Act, 1895",
"num_of_sections": 3,
"published_date": "10th October, 1895",
"related_act": [
48,
430,
70
],
"repelled": false,
"sections": [
{
"act_id": 70,
"details": "1. (1) This Act may be called the Government Grants Act, 1895. (2) It extends to the whole of 1Bangladesh.",
"name": "Title and extent",
"related_acts": "70",
"section_id": 1
},
{
"act_id": 70,
"details": "2. Nothing in the Transfer of Property Act, 1882, contained shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made by or on behalf of the Government to, or in favour of, any person whomsoever; but every such grant and transfer shall be construed and take effect as if the said Act had not been passed.",
"name": "Transfer of Property Act, 1882, not to apply to Government grants",
"related_acts": "48",
"section_id": 2
},
{
"act_id": 70,
"details": "3. All provisions, restrictions, conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the 2Parliament to the contrary notwithstanding.",
"name": "Government grant to take effect according to their tenor",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to explain the Transfer of Property Act, 1882, so far as relates to grants from the Government, and to remove certain doubts as to the powers of the Government in relation to such grants. WHEREAS doubts have arisen as to the extent and operation of the Transfer of Property Act, 1882, and as to the power of the Government to impose limitations and restrictions upon grants and other transfers of land made by it or under its authority, and it is expedient to remove such doubts; It is hereby enacted as follows:-"
} |
{
"id": 71,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Government\", \"Bangladesh\" and \"Taka\" were substituted for the words \"Central Government\", \"East Pakistan\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII 1973)",
"2 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII 1973)",
"3 The word \"Muslim\" was substituted, for the word \"Muhammadan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII 1973)",
"4 Section 6A was inserted by the Protection of Muhammadan Pilgrims (Bengal Amendment) Act, 1929 (Act No. II of 1929)"
],
"name": "The Protection of Muslim Pilgrims Act, 1896",
"num_of_sections": 16,
"published_date": "10th June, 1896",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 71,
"details": "1. (1) This Act may be called the Protection of 12Muslim Pilgrims Act, 1896; (2) The Government may, by notification in the official Gazette extend it to any place in Bangladesh; and (3) It shall come into force- (a)\tOmitted by section 2 of the Protection of Muhammadan Pilgrims (Amendment) Act, 1956 (Act No. XIII of 1956). (b)\tin any place to which it may be extended by notification under sub-section (2) of this section, from date specified in this behalf in such notification.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 71,
"details": "2. In this Act, unless there be something repugnant in the subject or context,- (a)\t\"pilgrim\" means a 3Muslim who is proceeding to or returning from the Hedjaz; (b)\t\"pilgrim broker\" means a person who buys and resells, or sells on commission, or takes any reward for the purchase or sale of passage-tickets, whether by sea or railway, for pilgrims; (bb)\t\"Muallem\", means a person who offers for monetary consideration to act as a guide to pilgrims and includes any person employed by or acting for the furtherance of the business of, or under the direction of such guide: Provided that a Muallem who is an Arab subject shall be excluded from the restrictions imposed by or under this Act; (c) \t\"agent\" includes a person who has chartered a ship for the conveyance of pilgrims; (d) \tOmitted by section 2 of the Protection of Muhammadan Pilgrims (Amendment) Act, 1956 (Act No. XIII of 1956). (e) \t\"Commissioner of Police\" means- (i)\tOmitted by section 2 of the Protection of Muhammadan Pilgrims (Amendment) Act, 1956 (Act No. XIII of 1956). (ii)\tas regards any place to which this Act may hereafter be extended, any person whom Government may appoint, by name or by virtue of his office, to perform in such place the functions of the Commissioner of Police under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 71,
"details": "3. (1) The Commissioner of Police shall from time to time grant licenses empowering persons to act as pilgrim brokers or Muallems. (2) The Government may, from time to time, make rules to regulate the grant of such licenses and to prescribe the conditions to be embodied therein. (3) All such rules shall be published in official Gazette.",
"name": "Grant of licenses to act as pilgrim brokers or Muallems",
"related_acts": "",
"section_id": 3
},
{
"act_id": 71,
"details": "4. Every such license shall specify,- (a) the name and address of the licensee; (b) the period for which the license is to be in force; and (c) the conditions subject to which the license is granted.",
"name": "Licenses what to specify",
"related_acts": "",
"section_id": 4
},
{
"act_id": 71,
"details": "5. Any person who, without a license granted under section 3, acts as a pilgrim broker or Muallem, or who lends to another person a license granted to himself under that section, shall, on conviction, be liable to fine which may extend to two hundred Taka for each offence.",
"name": "Penalty for acting as pilgrim broker or Muallem without a license, or for lending license",
"related_acts": "",
"section_id": 5
},
{
"act_id": 71,
"details": "6. If any licensed pilgrim broker or licensed Muallem- (a)\tcommits a breach of any of the conditions of his license; or (b)\tpurchases for or sells to any pilgrim a passage-ticket by any ship to which the Merchant Shipping Act, 1923, applies, at any time before notice has been given by the master, owner or agent of the ship under Section 151 of that Act, of the time at which it is proposed that the ship shall sail; or (c)\tpurchases for or sells to any pilgrim a passage-ticket any ship unless the proposed time of sailing is printed on such ticket; or (d)\tcharges any pilgrim a sum in excess of the cost price of any passage-ticket, or of any provisions or other articles, purchased for him, or receives from him any fee or commission on account of any such ticket; or (e)\tOmitted by the Muhammadan Pilgrims (Bengal Amendment) Act, 1929 (Act II of 1929), section 5(3). (f)\tpurchase for any pilgrim a passage-ticket on which there is not printed or stamped the price charged for the passage according to the class of accommodation secured; or (g)\tby fraud of false representation, or by any false pretence whatever, induces any person to purchase a pilgrim's passage-ticket, he shall, on conviction, be liable to fine which may extend to two hundred Taka for each offence.",
"name": "Penalty for misbehaviour of licensed pilgrim broker or licensed Muallem",
"related_acts": "",
"section_id": 6
},
{
"act_id": 71,
"details": "46A. If any licensed pilgrim broker receives from the master, owner or agent of any ship, or from any railway servant, any fee or commission in respect of the sale of any passage-ticket for a pilgrim, exceeding five per centum of the price of such ticket he shall, on conviction, be liable to fine which may extend to two hundred Taka for each offence.",
"name": "Penalty receipt of commission exceeding five per cent of the price of passage-tickets",
"related_acts": "",
"section_id": 7
},
{
"act_id": 71,
"details": "7. The Commissioner of Police may- (a)\tsuspend the license of any pilgrim broker or Muallem pending any inquiry into any accusation against him of misconduct for which, if proved, he would be liable to fine under section 6, and (aa)\tsuspend the license of any pilgrim broker pending any inquiry into any accusation against him of breach of the provisions of section 6A, and (b)\tcancel the license granted to any pilgrim broker or Muallem who is convicted of any offence under this Act or of any other criminal offence.",
"name": "Power to suspend and cancel licences",
"related_acts": "",
"section_id": 8
},
{
"act_id": 71,
"details": "8-10. Repealed by section 24(2) of the Port Haj Committees Act, 1932 (Act No. XX of 1932).",
"name": "Repealed",
"related_acts": "",
"section_id": 9
},
{
"act_id": 71,
"details": "11. Repealed by section 4 of the Indian Merchant Shipping (Amendment) Act, 1927 (Act No. XIV of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
},
{
"act_id": 71,
"details": "12. Repealed by section 4 of the Indian Merchant Shipping (Amendment) Act, 1927 (Act No. XIV of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 11
},
{
"act_id": 71,
"details": "13. Repealed by section 10 of the Protection of Muhammadan Pilgrims (Bengal Amendment) Act, 1929 (Act No. II of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 12
},
{
"act_id": 71,
"details": "14. Repealed by section 10 of the Protection of Muhammadan Pilgrims (Bengal Amendment) Act, 1929 (Act No. II of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 13
},
{
"act_id": 71,
"details": "15. Sections 281, 282, 286 and 288 of the Merchant Shipping Act, 1923, shall apply to all offences punishable and fines leviable under this Act.",
"name": "Certain provisions of the Merchant Shipping Act, 1923, to apply to offences and fines under this Act",
"related_acts": "",
"section_id": 14
},
{
"act_id": 71,
"details": "16. The penalties to which masters, owners and agents of ships are made liable by this Act shall be enforced only on information laid at the instance of the Commissioner of Police.",
"name": "Certain penalties to be enforced only at the instance of the Commissioner of Police",
"related_acts": "",
"section_id": 15
},
{
"act_id": 71,
"details": "17. Repealed by section 10 of the Protection of Muhammadan Pilgrims (Bengal Amendment) Act, 1929 (Act No. II of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 16
}
],
"text": "1♣An Act to provide for the protection of Muslim Pilgrims. WHEREAS it is expedient to provide for the protection of Muslim Pilgrims; It is hereby enacted as follows:-"
} |
{
"id": 72,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"Government\" was substituted, for the words \"Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 Clause (c) was added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word \"Pakistan\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Epidemic Diseases Act, 1897",
"num_of_sections": 5,
"published_date": "4th February, 1897",
"related_act": [
72,
430
],
"repelled": true,
"sections": [
{
"act_id": 72,
"details": "1. (1) This Act may be called the Epidemic Diseases Act, 1897. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "72",
"section_id": 1
},
{
"act_id": 72,
"details": "2. (1) When at any time the 2Government is satisfied that 3Bangladesh or any part thereof is visited by, or threatened with an, outbreak of any dangerous epidemic disease, the Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed. (2) In particular and without prejudice to the generality of the foregoing provisions, the 4Government may take measures and prescribe regulations for (a)\tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937. (b)\tthe inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease. 5(c)\tinspection of any ship or vessel leaving or arriving at any port in Bangladesh and for such detention thereof, or of any person to sail therein, or arriving thereby, as may be necessary.",
"name": "Power to take special measures and prescribe regulations as to dangerous epidemic disease",
"related_acts": "",
"section_id": 2
},
{
"act_id": 72,
"details": "2A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 72,
"details": "3. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the 6* * * Penal Code.",
"name": "Penalty.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 72,
"details": "4. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.",
"name": "Protection to persons acting under Act.",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to provide for the better prevention of the spread of Dangerous Epidemic Disease. WHEREAS it is expedient to provide for the better prevention of the spread of dangerous epidemic disease; It is hereby enacted as follows:-"
} |
{
"id": 73,
"lower_text": [
"1 The words \"other Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"2 The word \"Pakistan\" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"3 Clause (1a) was substituted, for clause (1a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"4 Clause (2a) was inserted, by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"5 Clause (3a) was substituted, for clause (3a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"6 Clauses (3b), (3c), (3d), (4), (5), (6), (7) and (8) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"7 Clause (8a) was repealed by section 3 and Schedule II of the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).",
"8 Clause (8aa) was substituted, for Clause (8aa) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"9 Clauses (8ab) and (8ac) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"10 Clause (9a) was substituted, for clause (9a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"11 Clause (9aa) was inserted by Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978).",
"12 Clause (11) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"13 Clause (13a) was substituted, for clause (13a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"14 Clause (14a) was inserted by Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).",
"15 The words \"the High Court Division\" were substituted, for the words \"a High Court\" by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"16 Clauses (16a), (16b) and (16c) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"17 The words \"and any Regulation of the Bengal, or Bombay Code\" were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"18 Clause (19) was substituted, for clause (19), by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"19 Clause (21) was substituted, for clause (21) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"20 Clauses (21a), (21b), (21c), (21d), (21e) and (22) were substituted, for clauses (21a), (21b), (21c), (21d), (21e) and (22) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"21 Clause (24) was substituted, for clause (24) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"22 Clause (24a) was inserted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"23 The word \"Pakistan\" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"24 Clause (26a) was inserted by Schedule II of the Khulna Metropolitan Police Ordinance, 1985 (Ordinance No. LII of 1985).",
"25 Clauses (27), (27b) and (27c) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"26 Clause (28) was substituted, for clause (28) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"27 Clause (32a) was substituted by section 114 (a) of গাজীপুর মহানগরী পুলিশ আইন, ২০১৮ (২০১৮ সনের ১৯ নং আইন)",
"28 Clauses (34a1) and (34a) were omitted by Article 4 of the General clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"29 Clauses (37a) and (37b) were substituted, for clauses (37a) and (37b) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"30 Clause (39a) was substituted by section 114 (b) of গাজীপুর মহানগরী পুলিশ আইন, ২০১৮ (২০১৮ সনের ১৯ নং আইন)",
"31 Clauses (40), (42), (43) (43ai) and (43a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"32 The word \"Pakistan\" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"33 Clauses (44a1) and (44a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"34 Clause (44b) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"35 The words \"a Province\" were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"36 Clause (46) was substituted, for clause (46), by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"37 Clause (46a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"38 Clause (49) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"39 Clause (50a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"40 Clause (52a1) and (52a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"41 Clause (54a) was substituted, for clause (54a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"42 Clauses (55a), (56a) and (56aa) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"43 The word \"advocate\" was substituted, for the word \"barrister\", by Article 5 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"44 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"45 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"46 Article 4A was inserted by Article 5 of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"47 The words \"British India\", \"Central Government\", \"Central Legislature\" were omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"48 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"49 The words \"British India\", \"Central Government\", \"Central Legislature\" were omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"50 The words \"High Court Division\" were inserted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"51 The words \"India\", \"Indian State\", and Provincial Government\" were omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"52 The words \"Bangladesh Laws\" were substituted, for the words \"Pakistan laws\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"53 The words \"India\", \"Indian State\", and Provincial Government\" were omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"54 The words \"Bangladesh Laws\" were substituted, for the words \"Pakistan laws\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"55 The words \"Bangladesh Law\" were substituted, for the words \"Pakistan law\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"56 The word \"Government\" was substituted, for the words \"Provincial Government or the Central Government\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"57 The word \"Government\" was substituted, for the word \"State\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"58 The word \"Government\" was substituted, for the words and commas \"Provincial Government or the Central Government, as the case may be,\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"59 The word \"Government\" was substituted, for the word \"State\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"60 The word \"Government\" was substituted, for the words and commas \"Provincial Government or the Central Government, as the case may be,\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"61 The words \"Bangladesh Law\" were substituted, for the words \"Pakistan Law\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"62 The words \"the Government\" were substituted, for the words \"a Government or a Province\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"63 The word \"Government\" was substituted, for the words \"Secretary of State in Council or a Government or a Province\" by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"64 The words \"the Government\" were substituted, for the words \"a Government or a Province\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"65 The word \"Government\" was substituted, for the word \"State\" by article 6 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"66 Sub-section (1) was substituted, for sub-section (1) by Article 7 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"67 The words \"an Act of Parliament\" were substituted, for the words \"a Central Act\" by Article 7 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"68 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"69 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"70 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"71 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972), Article 8.",
"72 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972), Article 8.",
"73 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972), Article 8.",
"74 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972), Article 8.",
"75 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972), Article 8.",
"76 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"77 The word \"Indian\" was omitted by Article 10 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"78 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"79 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"80 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"81 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"82 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"83 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"84 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"85 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"86 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"87 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"88 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"89 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"90 The words \"Acts of Parliament\" were substituted, for the words \"Central Acts\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"91 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"92 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"93 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"94 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"95 The word \"Government\" was substituted, for the words \"Central Government or the Provincial Government\" by Article 11 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"96 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"97 The words, commas, letters and figures \"and when any Central Act or Regulation, which, by a notification under section 5 or 5A or the Scheduled Districts Act, 1874, or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this section\" were omitted by Article 12 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"98 The word \"Pakistan\" was omitted by Article 13 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"99 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"100 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"101 The words \"short title or Bengali translation thereof\" were substituted, for the words \"title or short title (if any)\" by Article 14 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"102 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)",
"103 The words \"Act of Parliament\" were substituted, for the words \"Central Act\" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"104 The words \"any person having authority to legislate under any constitutional provision or by the President of Bangladesh under the Constitution\" were substituted, for the words, commas and figures \"the Governor-General under section 23 of the Indian Councils Act, 1861 or section 72 of the Government of India Act, 1915 or section 42 of the Government of India Act, 1935 or an Ordinance made and Promulgated by the President on or after the twenty-third day of March, 1956\" by Article 15 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"105 Section 31 was substituted, for section 31 by Article 16 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)"
],
"name": "The General Clauses Act, 1897",
"num_of_sections": 36,
"published_date": "11th March, 1897",
"related_act": [
578,
73,
430,
402,
692,
1238
],
"repelled": false,
"sections": [
{
"act_id": 73,
"details": "1. This Act may be called the General Clauses Act, 1897.",
"name": "Short title",
"related_acts": "73",
"section_id": 1
},
{
"act_id": 73,
"details": "2. Repealed by the Repealing and Amending Act, 1903 (Act No. I of 1903), section 4 and Schedule III.",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 73,
"details": "3. In this Act, and in all 1other Acts of Parliament and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,- (1) \t\"abet\", with its grammatical variations and cognate expressions, shall have the same meaning as in the 2*** Penal Code: 3(1a)\t\"Act of Parliament\" shall mean an Act passed by Parliament and shall include any Act passed or made by any legislature or any person having authority to legislate under any Constitutional instrument and in force in Bangladesh or any portion thereof: (2)\t\"act\", used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions: 4(2a) \t\"Advocate\" means a person enrolled as such under the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P. O. No. 46 of 1972): (3)\t\"affidavit\" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing: 5(3a) \"Appellate Division\" means- (a)\tas respects the period before the 16th day of December, 1972, the Appellate Division of the High Court of Bangladesh; and (b)\tas respects any period thereafter the Appellate Division of the Supreme Court of Bangladesh constituted under the Constitution: 6* * * 7* * * 8(8aa)\t\"Bangladesh Law\" shall mean any Act, Ordinance, Regulation, rule, Order or bye-law in force in Bangladesh: 9* * * (9) \t\"Chapter\" shall mean a Chapter of the Act or Regulation in which the word occurs: 10(9a)\t\"Chief Revenue Authority\" shall mean the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P. O. No. 76 of 1972: 11(9aa)\t\"Chittagong Metropolitan Area\" means the Chittagong Metropolitan Area as defined in the Chittagong Metropolitan Police Ordinance, 1978 (Ord. XLVIII of 1978): (10)\t\"Collector\" shall mean the chief officer in charge of the revenue administration of a District and shall include a Deputy Commissioner, of such District: 12* * * (12)\t\"commencement\", used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force: (13)\t\"Commissioner\" shall mean the chief officer in charge of the revenue-administration of a division and shall include an Additional Commissioner of such division: 13(13a)\t\"Constitution\" means the Constitution of the People's Republic of Bangladesh: (14)\t\"Consular officer\" shall include consul-general, consul, vice-consul, consular agent, pro-consul and any person for the time being authorized to perform the duties of consul-general, consul, vice-consul or consular agent: 14(14a) \"Dhaka Metropolitan Area\" means the Dacca Metropolitan Area as defined in the Dacca Metropolitan Police Ordinance, 1976 (Ord. III of 1976): (15)\t\"District Judge\" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include 15the High Court Division in the exercise of its ordinary or extraordinary original civil jurisdiction: (16) \t\"document\" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter: 16* * * (17) \t\"enactment\" shall include a Regulation (as hereinafter defined) 17* * * and shall also include any provision contained in any Act or in any such Regulation as aforesaid: (18) \t\"father\", in the case of any one whose personal law permits adoption, shall include an adoptive father: 18(19) \t\"financial year\" shall mean the year commencing on the first day of July and ending on the 30th day of June: (20) \ta thing shall be deemed to be done in \"good faith\" where it is in fact done honestly, whether it is done negligently or no: 19(21) \t\"Government\" or \"the Government\" shall mean- (a)\tin relation to anything done before the 26th day of March 1971, any Government which functioned within the territories now comprised in Bangladesh; and (b)\tin relation to anything done or to be done after the 25th day of March, 1971, the Government of the People's Republic of Bangladesh: 20(21a) \t\"Government contracts\" and equivalent expressions shall include contracts made in the exercise of the executive authority of the People's Republic of Bangladesh: (21b) \t\"Government debts\" and equivalent expressions shall include debts due to the Government of the People's Republic of Bangladesh and any debt due to any Government that functioned within the territories now comprised in Bangladesh: (21c) \t\"Government Grants\" shall include a grant (including a transfer of land or of any interest therein or a payment of any money) made by or on behalf of the Government of the People's Republic of Bangladesh and before the 26th day of March, 1971, by or on behalf of any Government that functioned within the territories now comprised in Bangladesh: (21d) \t\"Government liabilities\" and equivalent expressions shall include the liabilities of the Government of the People's Republic of Bangladesh and only such liabilities incurred by any other Government that at any time functioned in the territories now comprised in Bangladesh, as have been expressly accepted by the People's Republic of Bangladesh: (21e) \t\"Government Property\" and equivalent expressions shall include any property vested in, or otherwise held for the purposes of the Government of the People's Republic of Bangladesh and property which, before the 26th day of March, 1971, vested in any Government that functioned within the territories now comprised in Bangladesh: (22) \t\"Government securities\" shall mean securities of the Government of the People's Republic of Bangla-desh: (23)\tRepealed by section 3 and Schedule II of the Repealing and Amending Act, 1919 (Act No. XVIII of 1919). 21(24) \t\"High Court\" shall, as respect any period before the 16th day of December, 1972, mean the High Court of Bangladesh and as respect any period before the 26th day of March, 1971, the High Court that functioned within the territories now comprised in Bangladesh: 22(24a) \t\"High Court Division\" shall mean the High Court Division of the Supreme Court of Bangladesh constituted under the Constitution: (25) \t\"immoveable property\" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth: (26) \t\"imprisonment\" shall mean imprisonment of either description as defined in the 23* * * Penal Code: 24(26a) \"Khulna Metropolitan Area\" means the Khulna Metropolitan Area as defined in the Khulna Metropolitan Police Ordinance, 1985 (Act No. LII of 1985): 25* * * 26(28) \t\"Local authority\" shall mean and include a Paura Shava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law: (31) \t\"Magistrate\" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force: (32) \t\"master\", used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship: 27(32a) “Metropolitan Area” means any area declared As Metropolitan Area under any Act; (33) \t\"month\" shall mean a month reckoned according to the British calendar: (34) \t\"moveable property\" shall mean property of every description, except immoveable property: 28* * * (36) \t\"oath\" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing: (37) \t\"offence\" shall mean any act or omission made punishable by any law for the time being in force: 29(37a) \"Official Gazette\" or \"Gazette\" shall mean the Bangladesh Gazette: (37b) \t\"Parliament\" shall mean the Parliament for Bangladesh, known as the House of the Nation: (38) \t\"Part\" shall mean a Part of the Act or Regulation in which the word occurs: (39) \t\"person\" shall include any company or association or body of individuals, whether incorporated or not: 30(39a) “Police Commissioner” means the Police Commissioner appointed under any Act for any metropolitan area, and also includes an Additional Police Commissioner, a Joint Police Commissioner, a Deputy Police Commissioner, an Additional Deputy Police Commissioner, a Senior Assistant Police Commissioner and an Assistant Police Commissioner; 31* * * (44) \t\"Public nuisance\" shall mean a public nuisance as defined in the 32* * * Penal Code: 33* * * 34(44b) \"the President\" means the President of Bangladesh elected under the Constitution or any person for the time being acting in that office: (45) \t\"registered\", used with reference to a document, shall mean registered in 35* * * under the law for the time being in force for the registration of documents: 36(46) \t\"Regulation\" shall mean a Regulation made by any person or authority empowered under any constitutional instrument and in force in Bangladesh: 37(46a) \"the Republic\" means the People's Republic of Bangladesh: (47) \t\"rule\" shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment: (48) \t\"schedule\" shall mean a schedule to the Act or Regulation in which the word occurs: 38* * * (50) \t\"section\" shall mean a section of the Act or Regulation in which the word occurs: 39(50a) \t\"the service of the Republic\" means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic: (51) \t\"ship\" shall include every description of vessel used in navigation not exclusively propelled by oars: (52) \t\"sign\", with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include \"mark\", with its grammatical variations and cognate expressions: 40* * * (53) \t\"son\" in the case of any one whose personal law permits adoption, shall include an adopted son: (54) \t\"sub-section\" shall mean a sub-section of the section in which the word occurs: 41(54a) \t\"suits by or against the Government\" and equivalent expressions shall include suits by or against Bangladesh: (55) \t\"swear\", with its grammatical variation and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing: 42* * *: (56) \t\"vessel\" shall include any ship or boat or any other description of vessel used in navigation: (57) \t\"will\" shall include a codicil and every writing making a voluntary posthumous disposition of property: (58) \texpressions referring to \"writing\" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form: and (59) \t\"year\" shall mean a year reckoned according to the British calendar.",
"name": "Definitions",
"related_acts": "402,578,692",
"section_id": 3
},
{
"act_id": 73,
"details": "4. (1) The definitions in section 3 of the following words and expressions, that is to say, \"affidavit\", 43advocate, \"District Judge\", \"father\", \"immoveable property\", \"imprisonment\", \"Magistrate\", \"month\", \"moveable property\", \"oath\", \"person\", \"section\", \"son\", \"swear\", \"will\" and \"year\" apply also, unless there is anything repugnant in the subject or context, to all 44Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. (2) The definitions in the said section of the following words and expressions, that is to say, \"abet\", \"Chapter\", \"commencement\", \"financial year\", \"local authority\", \"master\", \"offence\", \"part\", \"public nuisance\", \"registered\", \"schedule\", \"ship\", \"sign\", \"sub-section\" and \"writing\" apply also, unless there is anything repugnant in the subject or context, to all 45Acts of Parliament and Regulations made on or after the fourteenth day of January, 1887.",
"name": "Application of foregoing definitions to previous enactments",
"related_acts": "",
"section_id": 4
},
{
"act_id": 73,
"details": "464A. (1) The definitions in section 3 of the expressions 47* * * 48Act of Parliament 49* * * \"Chief Revenue Authority\", \"Gazette\", \"Government\", \"Government contracts\", \"Government debts\", \"Government grants\", \"Government liabilities\", \"Government property\", \"Government securities\", \"High Court\", 50High Court Division\" 51* * *, \"official Gazette\", 52Bangladesh laws 53* * * and \"suits by or against Government\" apply also, unless there is anything repugnant in the subject or context, to all 54Bangladesh laws. (2) In any 55Bangladesh law, references to the 56Government in any provision conferring power to make appointments to the civil services of, or civil posts under, the 57Government include references to such person as the 58Government may direct, and in any provision conferring power to make rules prescribing the conditions of service of persons serving the 59Government in a civil capacity include references to any person authorized by the 60Government to make rules for the purpose. (3) The references in any 61Bangladesh law to servants of or under, or to service of or under, 62the Government, to property of, or belonging to, or vested in, the 63Government, and to forfeitures to 64the Government shall be construed as references respectively to persons in the service of the 65Government, to the service of the Government, to property vested in the Government and to forfeitures to the Government.",
"name": "Application of certain definitions to all Bangladesh laws",
"related_acts": "",
"section_id": 5
},
{
"act_id": 73,
"details": "5. 66(1) Where any Act of Parliament is not expressed to come into operation on any particular day, then it shall come into operation,(a)\tin the case of an Act of Parliament to which this Act was applicable before the 26th day of March, 1971, on the date on which it receives the assent; and (b)\tin the case of any other Act of Parliament, the day on which the assent is first published in the official Gazette; (2) 67Omitted by the Central Laws Order, 1961, Article 2 and Schedule. (3) Unless the contrary is expressed, an Act of Parliament or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.",
"name": "Coming into operation of enactments",
"related_acts": "",
"section_id": 6
},
{
"act_id": 73,
"details": "5A. Omitted by the Schedule of the Pakistan (Adaptation of Existing Pakistan Laws) Order, 1947 (Governor General's Order 20 of 1947).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 73,
"details": "6. Where this Act, or any 68Act of Parliament or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a)\trevive anything not in force or existing at the time at which the repeal takes effect; or (b)\taffect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c)\taffect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d)\tafter any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e)\taffect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.",
"name": "Effect of repeal",
"related_acts": "",
"section_id": 8
},
{
"act_id": 73,
"details": "6A. Where any 69Act of Parliament or Regulation made after the commencement of this Act repeals any enactment by which the text of any 70Act of Parliament or Regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and inoperation at the time of such repeal.",
"name": "Repeal of Act making textual amendment in Act or Regulation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 73,
"details": "7.(1) In any 71Act of Parliament or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose. (2) This section applies also to all 72Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.",
"name": "Revival of repealed enactments",
"related_acts": "",
"section_id": 10
},
{
"act_id": 73,
"details": "8. (1) Where this Act, or any 73Act of Parliament or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted. (2) Omitted by Article 9 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).",
"name": "Construction of references to repealed enactments",
"related_acts": "",
"section_id": 11
},
{
"act_id": 73,
"details": "9. (1) In any 74Act of Parliament or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word \"from\", and, for the purpose of including the last in a series of days or any other period of time, to use the word \"to\". (2) This section applies also to all 75Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.",
"name": "Commencement and termination of time",
"related_acts": "",
"section_id": 12
},
{
"act_id": 73,
"details": "10. (1) Where, by any 76Act of Parliament or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open: Provided that nothing in this section shall apply to any act or proceeding to which the 77* * * Limitation Act, 1877, applies. (2) This section applies also to all 78Acts of Parliament and Regulations made on or after the fourteenth day of January, 1887.",
"name": "Computation of time",
"related_acts": "",
"section_id": 13
},
{
"act_id": 73,
"details": "11. In the measurement of any distance, for the purposes of any 79Act of Parliament or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.",
"name": "Measurement of distances",
"related_acts": "",
"section_id": 14
},
{
"act_id": 73,
"details": "12. Where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandize, then a like duty is leviable according to the same rate on any greater or less quantity.",
"name": "Duty to be taken pro rata in enactments",
"related_acts": "",
"section_id": 15
},
{
"act_id": 73,
"details": "13. In all 80Acts of Parliament and Regulations, unless there is anything repugnant in the subject or context,- (1) words importing the masculine gender shall be taken to include females; and (2) words in the singular shall include the plural, and vice versa.",
"name": "Gender and number",
"related_acts": "",
"section_id": 16
},
{
"act_id": 73,
"details": "13A. Omitted by the Central Laws Order, 1961, Article 2 and Schedule.",
"name": "Omitted",
"related_acts": "",
"section_id": 17
},
{
"act_id": 73,
"details": "14. (1) Where, by any 81Act of Parliament or Regulation made after the commencement of this Act, any power is conferred then, unless a different intention appears, that power may be exercised from time to time as occasion requires. (2) This section applies also to all 82Acts of Parliament and Regulations made on or after the fourteenth day of January, 1887.",
"name": "Powers conferred to be exercisable from time to time",
"related_acts": "",
"section_id": 18
},
{
"act_id": 73,
"details": "15. Where, by any 83Act of Parliament or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.",
"name": "Power to appoint to include power to appoint ex-officio",
"related_acts": "",
"section_id": 19
},
{
"act_id": 73,
"details": "16. Where, by any 84Act of Parliament or Regulation, a power to make any appointment is conferred, then unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself of any other authority in exercise of that power.",
"name": "Power to appoint to include power to suspend or dismiss",
"related_acts": "",
"section_id": 20
},
{
"act_id": 73,
"details": "17. (1) In any 85Act of Parliament or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed. (2) This section applies also to all 86Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.",
"name": "Substitution of functionaries",
"related_acts": "",
"section_id": 21
},
{
"act_id": 73,
"details": "18. (1) In any 87Act of Parliament or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations. (2) This section applies also to all 88Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.",
"name": "Successors",
"related_acts": "",
"section_id": 22
},
{
"act_id": 73,
"details": "19.(1) In any 89Act of Parliament or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior. (2) This section applies also to all 90Acts of Parliament made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.",
"name": "Official chiefs and subordinates",
"related_acts": "",
"section_id": 23
},
{
"act_id": 73,
"details": "20. Where, by any 91Act of Parliament or Regulation, a power to issue any notification, order, scheme, rule, form or bye-law is conferred, then expressions used in the notification, order, scheme, rule, form or bye-law, if it is made after the commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act or Regulation conferring the power.",
"name": "Construction of orders, etc., issued under enactments",
"related_acts": "",
"section_id": 24
},
{
"act_id": 73,
"details": "21. Where, by any 92Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.",
"name": "Power to make to include power to add to, amend, vary or rescind, orders, rules or bye-laws",
"related_acts": "",
"section_id": 25
},
{
"act_id": 73,
"details": "22. Where, by any 93Act of Parliament or Regulation which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the Act or Regulation, or with respect to the establishment of any Court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or Regulation.",
"name": "Making of rules or bye-laws and issuing of orders between passing and commencement of enactment",
"related_acts": "",
"section_id": 26
},
{
"act_id": 73,
"details": "23. Where, by any 94Act of Parliament or Regulation, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely:- (1)\tthe authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby; (2)\tthe publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the 95Government prescribes; (3)\tthere shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;. (4)\tthe authority having power to make the rules or bye-laws, and, where the rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified; (5)\tthe publication in the official Gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.",
"name": "Provisions applicable to making of rules or bye-laws after previous publication",
"related_acts": "",
"section_id": 27
},
{
"act_id": 73,
"details": "24. \tWhere any 96Act of Parliament or Regulation is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law made or issued under the provisions so re-enacted 97* * *.",
"name": "Continuation of orders, etc., issued under enactments repealed and re-enacted",
"related_acts": "",
"section_id": 28
},
{
"act_id": 73,
"details": "25. Sections 63 to 70 of the 98* * * Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants forthe levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law unless the Act, Regulation, rule or bye-law contains an express provision to the contrary.",
"name": "Recovery of fines",
"related_acts": "",
"section_id": 29
},
{
"act_id": 73,
"details": "26. Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.",
"name": "Provision as to offences punishable under two or more enactments",
"related_acts": "",
"section_id": 30
},
{
"act_id": 73,
"details": "27. Where any 99Act of Parliament or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression \"serve\" or either of the expressions \"give\" or \"send\" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.",
"name": "Meaning of service by post",
"related_acts": "",
"section_id": 31
},
{
"act_id": 73,
"details": "28. (1) In any 100Act of Parliament or Regulation, and in any rule, bye-law, instrument or document, made under, or with reference to, any such Act or Regulation, any enactment may be cited by reference to the 101short title or Bengali translation thereof conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained. (2) In this Act and in any 102Act of Parliament or Regulation made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.",
"name": "Citation of enactments",
"related_acts": "",
"section_id": 32
},
{
"act_id": 73,
"details": "29. The provisions of this Act respecting the construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.",
"name": "Saving for previous enactments, rules and bye-laws",
"related_acts": "",
"section_id": 33
},
{
"act_id": 73,
"details": "30. In this Act the expression 103Act of Parliament wherever it occurs, except in section 5, and the word \"Act\" in clauses (9), (12), (38), (48) and (50) of section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by 104any person having authority to legislate under any constitutional provision or by the President of Bangladesh under the Constitution.",
"name": "Application of Act to Ordinances",
"related_acts": "",
"section_id": 34
},
{
"act_id": 73,
"details": "30A. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 35
},
{
"act_id": 73,
"details": "10531. The provisions of this Act shall apply for the interpretation of any Order made by the President or acting President of Bangladesh, and for the interpretation of any Presidential Order made before the 26th day of March, 1971, and in force in Bangladesh, as they apply for the interpretation of an Act of Parliament, as if any such Order were an Act of Parliament..",
"name": "Application of Act to Orders made by the President",
"related_acts": "",
"section_id": 36
}
],
"text": "An Act to consolidate and extend the General Clauses Acts, 1868 and 1887. WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 and 1887; It is hereby enacted as follows:-"
} |
{
"id": 74,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\" or \"the territories for the time being under its administration\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, commas and figure \"Code of Criminal Procedure, 1898,\" were substituted, for the words \"Code of Criminal Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Lepers Act, 1898",
"num_of_sections": 19,
"published_date": "4th February, 1898",
"related_act": [
74,
75,
430
],
"repelled": true,
"sections": [
{
"act_id": 74,
"details": "1. (1) This Act may be called the Lepers Act, 1898. (2) It extends to the whole of Bangladesh. (3) It shall not come into force in any part thereof until the Government, as hereinafter provided, has declared it applicable thereto. (4) The Government may, by notification in the official Gazette, apply this Act or any part thereof to the whole or any portion of Bangladesh.",
"name": "Title, extent and commencement",
"related_acts": "74",
"section_id": 1
},
{
"act_id": 74,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t\"leper\" means any person suffering from any variety of leprosy; (2) \t\"pauper leper\" means a leper (a)\tWho publicly solicits Alms or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charity or of obtaining alms, or (b) \twho is at large without any ostensible means of subsistence; (3) \t\"leper asylum\" means a leper asylum appointed under section 3; (4) \t\"Board\" means a Board constituted under section 5.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 74,
"details": "3. The Government may, by notification in the official Gazette, appoint any place to be a leper asylum if it is satisfied that adequate arrangements have been made or will be made for the accommodation and medical treatment of lepers therein, and may, by a like notification, specify the local areas from which lepers may be sent to such asylum.",
"name": "Appointment of leper asylums by Government",
"related_acts": "",
"section_id": 3
},
{
"act_id": 74,
"details": "4. Subject to any rules which may be made under section 16, the Government may appoint any Medical Officer of the Government or other qualified medical man to be an Inspector of Lepers and any person to be a Superintendent of a Leper Asylum, with such establishment as may, in its opinion, be necessary, and every Inspector or Superintendent so appointed shall be deemed to be a public servant.",
"name": "Appointment of Inspectors of Lepers and Superintendents of Asylums",
"related_acts": "",
"section_id": 4
},
{
"act_id": 74,
"details": "5. The Government shall constitute for every leper asylum appointed under section 3 a Board consisting of not less than three members, one of whom at least shall be a Medical Officer of the Government.",
"name": "Constitution of Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 74,
"details": "6. (1) Within any local area which has been specified under section 3 any police-officer or any other person specially empowered by the Government by order in writing in this behalf may arrest without a warrant any person who appears to him to be a pauper leper. (2) Such police-officer or other person shall forthwith take or send the person so arrested to the nearest convenient police station.",
"name": "Arrest of pauper lepers",
"related_acts": "",
"section_id": 6
},
{
"act_id": 74,
"details": "7. Every person brought to a police-station under the last foregoing section shall, without unnecessary delay, be taken before an Inspector of Lepers, who,- (a)\tif he finds that such person is not a leper within the meaning of section 2, shall give him a certificate in Form A set forth in the schedule, whereupon such person shall be forthwith released from arrest; (b)\tif he finds that such person is a leper within the meaning of section 2, shall give to the police-officer, in whose custody the leper is, a certificate in Form B set forth in the schedule, whereupon the leper shall, without unnecessary delay, be taken before a Magistrate having jurisdiction under this Act.",
"name": "Person arrested how to be dealt with",
"related_acts": "",
"section_id": 7
},
{
"act_id": 74,
"details": "8. (1) If it appears to any Magistrate of the first class or to any other Magistrate authorized in this behalf by the Government, upon the certificate in Form B set forth in the schedule, that any person is a leper, and if it further appears to the Magistrate that the person is a pauper leper, he may, after recording the evidence on the above-mentioned points, and his order thereon, send the pauper leper in charge of a police-officer, together with an order in Form C set forth in the schedule, to a leper asylum, where such leper shall be detained until discharged by order of the Board or the District Magistrate: Provided that, if the person denies the allegation of leprosy, the Magistrate shall call and examine the Inspector of Lepers, and shall take such further evidence as may be necessary to support or to rebut the allegation that the person is a leper, and may for this purpose adjourn the enquiry from time to time, remanding the person for observation or for other reason to such place as may be convenient, or admitting him to bail: Provided also that if any friend or relative of any person found to be a pauper leper shall undertake in writing to the satisfaction of the Magistrate that such pauper leper shall be properly taken care of and shall be prevented from publicly begging in any area specified under section 3, the Magistrate, instead of sending the leper to an asylum, may make the leper over to the care of such friend or relative, requiring him, if he thinks fit, to enter into a bond with one or more sureties, to which the provisions of section 514 of the 2Code of Criminal Procedure, 1898, shall be applicable. (2) If the Magistrate finds that such person is not a leper, or that, if a leper, he is not a pauper leper, he shall forthwith discharge him.",
"name": "Procedure with regard to pauper lepers",
"related_acts": "75",
"section_id": 8
},
{
"act_id": 74,
"details": "9. (1) The Government may, by notification in the official Gazette, order that no leper shall, within any area specified under section 3,- (a)\tpersonally prepare for sale or sell any article of food or drink or any drugs or clothing intended for human use; or (b)\tbathe, wash clothes or take water from any public well or tank debarred by any municipal or local bye-law from use by lepers; or (c)\tdrive, conduct or ride in any public carriage plying for hire other than a railway carriage; or (d)\texercise any trade or calling which may by such notification be prohibited to lepers. (2) Any such notification may comprise all or any of the above prohibitions. (3) Whoever disobeys any order made pursuant to the powers conferred by this section shall be punishable with fine which may extend to twenty Taka: Provided that, when any person is accused of an offence under this section, the Magistrate before whom he is accused shall cause him to be examined by an Inspector of Lepers, and shall not proceed with the case unless such Inspector furnishes a certificate, in Form B set forth in the schedule, in respect of such person.",
"name": "Power to prohibit lepers from following certain trades and doing certain acts",
"related_acts": "",
"section_id": 9
},
{
"act_id": 74,
"details": "10. (1) Whenever any leper who has been convicted of an offence punishable under the last foregoing section is again convicted of any offence punishable under that section, the Magistrate may, in addition to, or in lieu of, any punishment to which such leper may be liable, require him to enter into a bond, with one or more sureties, binding him to depart forthwith from the local area specified under section 3 in which he is, and not to enter that or any other local area so specified until an Inspector of Lepers shall have given him a certificate in Form A set forth in the schedule. (2) If any such leper fails to furnish any security required under sub-section (1), the Magistrate may send him in charge of a police-officer, with an order in Form D set forth in the schedule, to a leper asylum, where such leper shall be detained until discharged by order of the Board or the District Magistrate. (3) The powers conferred by this section shall only be exercised by a Magistrate of the first class.",
"name": "Conviction after previous conviction",
"related_acts": "",
"section_id": 10
},
{
"act_id": 74,
"details": "11. Any person who, within any area specified under section 3, knowingly employs a leper in any trade or calling prohibited by order under section 9 shall be punishable with fine which may extend to fifty Taka: Provided that the alleged leper shall be produced before the Magistrate and the Magistrate shall cause him to be examined by an Inspector of Lepers, and shall not proceed with the case unless such Inspector furnishes a certificate in Form B set forth in the schedule in respect of such alleged leper.",
"name": "Penalty on person employing lepers in prohibited trade",
"related_acts": "",
"section_id": 11
},
{
"act_id": 74,
"details": "12. Whoever, having been sent to a leper asylum under an order of a Magistrate in Form C or Form D set forth in the schedule, escapes from, or leaves, the asylum without the permission in writing of the Superintendent thereof, may be arrested without a warrant by any police-officer or by any other person especially empowered by the Government by order in writing in this behalf, and upon arrest shall be forthwith taken back to the leper asylum.",
"name": "Re-arrest of escaped lepers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 74,
"details": "13. Two or more members of the Board, one of whom shall be the Medical Officer, shall, once at least in every three months, together inspect the leper asylum for which they are constituted, and see and examine (a) every leper therein admitted since the last inspection, together with the order for his admission, and (b) as far as circumstances will permit, every other leper therein, and shall enter in a book to be kept for the purpose any remarks which they may deem proper in regard to the management and condition of the asylum and the lepers therein.",
"name": "Inspection by Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 74,
"details": "14. Any two members of the Board, one of whom shall be the Medical Officer, may at any time, by an order in writing in Form E set forth in the schedule and signed by them, direct the discharge from the leper asylum of any leper detained therein under the provisions of this Act.",
"name": "Order of discharge by Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 74,
"details": "15. Any person, other than a pauper leper, in respect of whom an Inspector of Lepers has issued a certificate, in Form B set forth in the schedule, declaring him to be a leper, or has refused to issue a certificate in Form A set forth in the schedule, may appeal against the issue or refusal of any such certificate to such officer as may be appointed by the Government in this behalf, and the decision of such officer shall be final.",
"name": "Appeals",
"related_acts": "",
"section_id": 15
},
{
"act_id": 74,
"details": "16. The Government may, by notification in the official Gazette, make rules generally for carrying out the purpose of this Act, and in particular,- (a)\tfor the guidance of all or any of the officers discharging any duty under this Act; and (b)\tfor the management of, and the maintenance of discipline in, a leper asylum.",
"name": "Power of the Government to make rules",
"related_acts": "",
"section_id": 16
},
{
"act_id": 74,
"details": "17. Notwithstanding anything in any enactment with respect to the purposes to which the funds or other property of a local authority may be applied, any local authority may- (a)\testablish or maintain, or establish and maintain, or contribute towards the cost of the establishment or maintenance or the establishment and maintenance of, a leper asylum either within or without the local limits of such local authority; (b)\twith the previous sanction of the Government and subject to such conditions as that Government may prescribe, appropriate any immoveable property vested in, or under the control of, such body, as a site for, or for use as, a leper asylum.",
"name": "Power to local authorities to expand funds and appropriate property to asylums",
"related_acts": "",
"section_id": 17
},
{
"act_id": 74,
"details": "18. No suit, prosecution or other legal proceeding shall lie against any officer or person in respect of anything in good faith done or intended to be done under, or in pursuance of, the provisions of this Act.",
"name": "Protection to persons acting bona fide under Act",
"related_acts": "",
"section_id": 18
},
{
"act_id": 74,
"details": "19. Omitted by section 3 and Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 19
}
],
"text": "1♣An Act to provide for the segregation and medical treatment of pauper lepers and the control of lepers following certain callings. WHEREAS it is expedient to provide for the segregation and medical treatment of pauper lepers and the control of lepers following certain callings; It is hereby enacted as follows:-"
} |
{
"id": 76,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Government\", \"Taka\" and \"Penal Code\" were substituted, for the words \"Pakistan\", \"Central Government\" or \"Provincial Government\", \"rupees\" and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (aa) was inserted by section 2 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"3 Sub-clause (i) was substituted, for sub-clause (i) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Sub-clause (ii) of clause (b) of section 2 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The letter and words \"a foreign country\" were substituted, for the words \"Her Majesty's Government or the Government of any British Possession or foreign country\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Sub-section (2) was substituted by section 2 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"7 Section 4A was inserted by section 3 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"8 Section 4B was inserted by section 3 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"9 Section 4C was inserted by section 3 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"10 Section 4D was inserted by section 3 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"11 The words \"any foreign country\" were substituted, for the words and comma \"the United Kingdom, or with any British possession or foreign country\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The words \"such country\" were substituted, for the words \"the United Kingdom or such possession or country\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words \"any foreign country\" were substituted for the words and comma \"the United Kingdom or of any British possession or foreign country\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 Section 16A was inserted by section 3 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"15 Section 24A was inserted by the Indian Post Office (Amendment) Act, 1921 (Act No. XV of 1921)",
"16 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words, comma and figure \"Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The words, figures and comma \"section 16 of the Customs Act, 1969\" were substituted for the words, figures and comma \"section 19 of the Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The words and letter “or a Provincial Government” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The word \"it\" was substituted, for the words “the Central or the Provincial Government” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The words and commas “or, as the case may be, of the Provincial Government” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 Sections 27A to 27D were inserted by the Press Law Repeal and Amendment Act, 1922 (Act No. XIV of 1922)",
"22 The words, brackets, comma and figure \"Printing Presses and Publications (Declaration and Registration) Act, 1973\" were substituted, for the words comma and figure “Press and Registration of Books Act, 1867” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 The words “part of Her Majesty’s dominions or of any Acceding State or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 The words and comma “part, State or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The words, brackets, comma and figure \"Printing Presses and Publications (Declaration and Registration) Act, 1973\" were substituted, for the words comma and figure “Press and Registration of Books Act, 1867” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words, brackets, comma and figure \"Printing Presses and Publications (Declaration and Registration) Act, 1973\" were substituted, for the words comma and figure “Press and Registration of Books Act, 1867” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 The words \"any foreign country\" were substituted, for the words and commas “the United Kingdom, or with any British possession, Acceding State or foreign country” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 The words \"such country\" were substituted, for the words and comma “the United Kingdom or such possession, State or country” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"31 The words \"Fifty Taka\" were substituted, for the words \"Ten Taka\" by section 2 of the Post Office (Amendment) Act, 1990 (Act No. XXXVII of 1990)",
"32 The words \"any foreign country\" were substituted, for the words and commas “the United Kingdom, or with any British possession, Acceding State or foreign country” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 The words \"such country\" were substituted, for the words and comma “the United Kingdom or such possession, State or country” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"34 The words \"five hundred taka\" were substituted, for the words \"fifty taka\" by section 4 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"35 The words \"five hundred taka\" were substituted, for the words \"fifty taka\" by section 4 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"36 The words \"one thousand taka\" were substituted, for the words “one hundred taka” by section 6 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"37 Section 58 was substituted by section 4 of the Post Office (Amendment) Act, 2010 (Act No. I of 2010).",
"38 The words \"five hundred taka\" were substituted for the words \"fifty taka\" by section 7 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"39 The words \"five thousand taka\" were substituted for the words “five hundred taka” by section 7 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"40 The words \"two thousand taka' were substituted for the words \"two hundred taka\" by section 9 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"41 The words \"two thousand taka' were substituted for the words \"two hundred taka\" by section 9 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"42 The words \"five hundred taka\" were substituted for the words \"fifty taka\" by section 10 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"43 The words \"two thousand taka\" was substituted for the words \"two hundred taka\" by section 11 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"44 The words \"five thousand taka\" were substituted for the words \"five hundred taka\" by section 11 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"45 The words \"ten thousand taka\" were substituted, for the words “one thousand taka” by section 12 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"46 The words \"five hundred taka\" substituted, for the words “fifty taka\" by section 13 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"47 The words \"one thousand taka\" were substituted, for the words “one hundred taka” by section 13 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"48 The words \"two thousand taka\" were substituted, for the words “two hundred taka” by section 14 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"49 The words \"five thousand taka' were substituted, for the words “five hundred taka” by section 15 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)",
"50 The words \"one thousand taka\" were substituted, for the words \"fifty taka\" by section 16 of the Post Office (Amendment) Act, 1994 (Act No. V of 1994)"
],
"name": "The Post Office Act, 1898",
"num_of_sections": 87,
"published_date": "22nd March, 1898",
"related_act": [
354,
75,
76,
430,
437
],
"repelled": false,
"sections": [
{
"act_id": 76,
"details": "1.(1) This Act may be called the Post Office Act, 1898. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of Government wherever they may be. (3) It shall come into force on the first day of July, 1898.",
"name": "Short title, extent, application and commencement.",
"related_acts": "76",
"section_id": 1
},
{
"act_id": 76,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,– (a) \tthe expression “Director General” means the Director General, Bangladesh Post Office: 2(aa)\tthe expression “franking machine” means a machine by the impression of which the name of the office of posting, date of posting and the amount of postage realised are printed on the postal articles: (b) \tthe expression “inland,” used in relation to a postal article, means- 3(i) \tposted in Bangladesh and addressed to any place in Bangladesh; 4* * *: Provided that the expression “inland” shall not apply to any class of postal articles which may be specified in this behalf by the Government by notification in the official Gazette, when posted in or at or addressed to any places or post offices which may be described in such notification: (c) \tthe expression “mail bag” includes a bag, box, parcel or any other envelope or covering in which postal articles in course of transmission by post are conveyed, whether it does or does not contain any such article: (d)\tthe expression “mail ship” means a ship employed for carrying mails, pursuant to contract or continuing arrangement, by the Government or 5a foreign country: (e)\tthe expression “officer of the Post Office” includes any person employed in any business of the Post Office or on behalf of the Post Office: (f)\tthe expression “postage” means the duty chargeable for the transmission by post of postal articles: (g)\tthe expression “postage stamp” means any stamp provided by the Government for denoting postage or other fees or sums payable in respect of postal articles under this Act., and includes adhesive postage stamps and stamps printed, embossed, impressed or otherwise indicated on any envelope, wrapper, postcard or other article: (h)\tthe expression “post office” includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles: (i)\tthe expression “postal article” includes a letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post: (j)\tthe expression “Postmaster General” includes a Deputy Postmaster General or other officer exercising the powers of a Postmaster General: and (k)\tthe expression “Post Office” means the department established for the purpose of carrying the provisions of this Act into effect and presided over by the Director General.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 76,
"details": "3. \tFor the purposes of this Act,- (a) \ta postal article shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the addressee or of its being returned to the sender or otherwise disposed of under Chapter VII: (b)\tthe delivery of a postal article of any description to a postman or other person authorised to receive postal articles of that description for the post shall be deemed to be a delivery to a post office: and (c)\tthe delivery of a postal article at the house or office of the addressee, or to the addressee or his servant or agent or other person considered to be authorised to receive the article according to the usual manner of delivering postal articles to the addressee, shall be deemed to be delivery to the addressee.",
"name": "Meanings of “in course of transmission by post” and “delivery”.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 76,
"details": "4.(1) Wherever within Bangladesh posts or postal communications are established by the Government, the Government shall have the exclusive privilege of conveying by post, from one place to another, all letters, except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters, except in the following cases, that is to say,– (a)\tletters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantage for receiving, carrying or delivering them; (b)\tletters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on purpose; and (c)\tletters solely concerning goods or property, sent by sea or by land or by air to be delivered with the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving carrying or delivering them: Provided that nothing in the section shall authorise any person to make collection of letters accepted as aforesaid for the purpose of sending them otherwise than by post. 6(2) For the purposes of this section and section 5, the expression “Letters” includes post cards, any message printed or manuscript, a cover containing private or official or any type of correspondence etc.",
"name": "Exclusive privilege of conveying letters reserved to the Government.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 76,
"details": "74A.(1) The Post Office shall be the designated national public postal operator responsible for providing the Universal Postal Service all over Bangladesh and for international communications. (2) The Post Office, for the public interest and development of the postal services, may- (a) modify, rearrange or adopt new technologies and provide new services for securing speedy services to the people as it deems fit; (b) appoint agents for providing its services or postal articles to any business entities or companies on agreed terms and conditions; (c) rent out part of post office premises, counters, facilities or any other installations or technology to any business entity or company on agreed terms and conditions; (d) take up any business or agency services permissible under this Act or buy any business facility for the extension or improvement of its own services; (e) enter into new business ventures like Post shops, e-Commerce, Address data base or other data base as it deems fit and can also exchange or interchange business transactions with other domestic or international organisations for the purpose of commercial benefits; (f) provide remittance transfer services, banking services, postal life insurance services either individually or may enter into contract with other organisations for providing the aforesaid services to the people. (3) The Director General may, with the prior approval of the Government, by notification in the official Gazette, fix appropriate commission, fees or charges for appointing agents under clause (b) or for renting out post office premises, counters, facilities etc. under clause (c) of sub-section (2) and also fix rates, tariffs, fees etc. for the services provided by the agents. Explanation : For the purpose of this section “Universal Postal Service” means the basic postal services which the Government has pledged to guarantee all segments of the population on a continuing basis, with a specific, standard of quality at an affordable price.",
"name": "Universal Postal Services, etc",
"related_acts": "",
"section_id": 5
},
{
"act_id": 76,
"details": "84B. (1) Notwithstanding anything contained in section 4, any person or company may be granted license under sub-section (2) for operating the business of Mailing Operators or Courier Service to provide the specialized and premium postal services to the people. (2) Where the Licensing Authority is satisfied that the provisions of this Act and the rules made there under have been complied with, it shall grant a license to the applicant. (3) If it is found that the applicant has not complied with the provisions of the Act and the rules made there under, Licensing Authority may refuse to grant license applied for and inform the applicant in writing within thirty days of its refusal. (4) Notwithstanding anything contained in this section, any person or company who has already been operating the business of Mailing Operator or Courier Service shall apply to the Licensing Authority for license within three months from the date of constitution of the Licensing Authority under section 4C of this Act. Explanation : For the purpose of this section- (a) “Mailing Operator” means an operator other than the designated national public postal operator which provides certain specific mailing or postal service or delivery services but is not responsible for providing Universal Postal Services. Its services may include Parcels, Logistics, Delivery, Courier & Express services; (b) “Courier Service” means a person or company which provides mailing services to certain customers other than Universal Postal Services with higher or premium standard and price. Its services may include Parcels, Logistics, Delivery, Courier & Express services.",
"name": "License for Mailing Operators and Courier Services, etc",
"related_acts": "",
"section_id": 6
},
{
"act_id": 76,
"details": "94C. (1) The Government may by notification in the official Gazette, constitute a Licensing Authority to grant licenses and to regulate the licensed Mailing Operators and Courier Services. (2) The Authority mentioned in sub-section (1) shall consist of three members of whom one shall be appointed as chairman by the Government. (3) The Government may, by rule,- (a) provide conditions for granting license and operating the business of mailing services by such Licensed Mailing Operator and Courier Services; (b) fix appropriate license fees and other charges and commissions for operating the Mailing services and Courier services; (c) reserve certain rights and fix jurisdiction and areas for service and may also charge compensatory fees to cover the Government’s cost of postal service coverage ; and (d) keep provisions regarding standards, restrictions, rewards, dispute settlement, penalties for non-compliance and punishment for default and violation of the rules made under this Act by the Licensed Mailing Operators and Courier Services.",
"name": "Licensing Authority, etc",
"related_acts": "",
"section_id": 7
},
{
"act_id": 76,
"details": "104D. (1) The Licensing Authority may suspend or cancel a license granted under sub-section (2) of section 4B, if the Licensed Mailing Operator of Courier Service commits breach of any of the conditions of the license : Provided that in the case of cancellation of any license, the licensee shall be served with a show cause notice of fifteen days and be given a reasonable opportunity of being heard. (2) Any person being aggrieved by the order of the Licensing Authority under sub-section (1) may apply to the government for reviewing the impugned order within thirty days from the date of the order and the decision of the government shall be final.",
"name": "Cancellation of License",
"related_acts": "",
"section_id": 8
},
{
"act_id": 76,
"details": "5. Wherever within Bangladesh posts or postal communications are established by the Government, the following persons are expressly forbidden to collect, carry, tender or deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say:– (a) \tcommon carriers of passengers or goods, and their servants or agents, except as regards letters solely concerning goods in their carts or carriages; (b)\towners and masters of vessels sailing or passing on any river or canal in Bangladesh, or between any ports or places in Bangladesh, and their servants or agents, except as regards letters solely concerning goods on board, and except as regards postal articles received for conveyance under Chapter VIII; and (c)\towners, pilots and other members of the crew of aircraft flying from or to any airports in Bangladesh.",
"name": "Certain persons expressly forbidden to convey letters.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 76,
"details": "6. \tThe Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default.",
"name": "Exemption from liability for loss, misdelivery, delay or damage.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 76,
"details": "7.(1) The Government may, by notification in the official Gazette, fix the rates of postage and other sums to be charged in respect of postal articles sent by the inland post under this Act, and may make rules as to the scale of weights, terms and conditions subject to which the rates so fixed shall be charged: Provided that the highest rate of postage, when prepaid, shall not exceed the rate set forth for each class of postal articles in the first schedule. (2) Unless and until such notification as aforesaid is issued, the rates set forth in the said schedule shall be the rates chargeable under this Act. (3) The Government may, by notification in the official Gazette, declare what packets may be sent by the inland post as book, pattern and sample packets within the meaning of this Act.",
"name": "Power of fix rates of inland postage.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 76,
"details": "8. \tThe Government may, by rule,– (a) require the prepayment of postage on inland postal articles or any class of inland postal articles, and prescribe the manner in which prepayment shall be made; (b) prescribe the postage to be changed on inland postal articles when the postage is not prepaid or is insufficiently prepaid: (c)\tprovide for the redirection of postal articles and the transmission by post of articles so redirected, either free of charge or subject to such further charge as may be specified in the rules; and (d) \tprescribe the fees to be charged for the “express delivery” of postal articles, in addition to, or instead of, any other postage chargeable thereon under this Act. Explanation– “Express delivery” means delivery by a special messenger or conveyance.",
"name": "Power to make rules as to payment of postage and fees in certain cases.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 76,
"details": "9. (1) The Government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. (2) For the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto, or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely:– (a) \tthat it is published in numbers at intervals of not more than thirty-one days; and (b) \tthat it has a bona fide list of subscribers. (3) An extra or supplement to a newspaper, bearing the same date as the newspaper and transmitted therewith, shall be deemed to be part of the newspaper: Provided that no such extra or supplement shall be so deemed unless it consists wholly or in great part of matter like that of the newspaper and has the title and date of publication of the newspaper printed at the top of each page. Explanation–Nothing in this section or in the rules thereunder shall be construed to render it compulsory to send newspapers by the inland post.",
"name": "Power to make rules as to registered newspapers.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 76,
"details": "10. (1) Where arrangements are in force with 11any foreign country, for the transmission by post of postal articles between Bangladesh and 12such country the Government may, in conformity with the provisions of such arrangements, declare what postage rates and other sums shall be charged in respect of such postal articles, and may make rules as to the scale of weight, terms and conditions subject to which the rates so declared shall be charged. (2) Unless and until such declaration as aforesaid is made, the existing rates and regulations shall continue in force.",
"name": "Power to declare rates of foreign postage.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 76,
"details": "11.(1) The addressee of a postal article on which postage or any other sum chargeable under this Act is due, shall be bound to pay the postage or sum so chargeable on his accepting delivery of the postal article, unless he forthwith returns it unopened: Provided that, if any such postal article appears to the satisfaction of the Postmaster General to have been maliciously sent for the purpose of annoying the addressee, he may remit the postage. (2) If any postal article on which postage or any other sum chargeable under this Act is due, is refused or returned as aforesaid, or if the addressee is dead or cannot be found, then the sender shall be bound to pay the postage or sum due thereon under this Act.",
"name": "Liability for payment of postage.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 76,
"details": "12. If any person refuses to pay any postage or other sum due from him under this Act in respect of any postal article, the sum so due may, on application made by an officer of the Post Office authorized in this behalf by the written order of the Postmaster General, be recovered for the use of the Post Office from the person so refusing, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the Postmaster General may further direct that any other postal article, not being on Bangladesh State service, addressed to that person shall be withheld from him until the sum so due is paid or recovered as aforesaid.",
"name": "Recovery of postage and other sums due in respect of postal articles.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 76,
"details": "13. When a postal article, on which any duty of customs is payable, has been received by post from any place beyond the limits of Bangladesh and the duty has been paid by the postal authorities at any customs-port or elsewhere, the amount of the duty shall be recoverable as if it were postage due under this Act.",
"name": "Customs duty paid by the Post Office to be recoverable as postage.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 76,
"details": "14. In every proceeding for the recovery of any postage or other sum alleged to be due under this Act in respect of a postal article,– (a)\tthe production of the postal article having thereon the official mark of the Post Office denoting that the article has been refused, or that the addressee is dead or cannot be found, shall be prima facie evidence of the fact so denoted, and (b)\tthe person from whom the postal article purports to have come shall, until the contrary is proved, be deemed to be the sender thereof.",
"name": "Post Office marks prima facie evidence of certain facts denoted.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 76,
"details": "15. The official mark on a postal article denoting that any postage or other sum is due in respect thereof to the Post Office of Bangladesh or to the Post Office of 13any foreign country, shall be prima facie evidence that the sum demoted as aforesaid is so due.",
"name": "Official mark to be evidence of amount of postage.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 76,
"details": "1416A. The Government may provide for use of franking machine and make rules or supply, use and security of such machine.",
"name": "Use of Franking Machine and Power to make rules as to it.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 76,
"details": "16.(1) The Government shall cause postage stamps to be provided of such kinds and denoting such values as it may think necessary for the purposes of this Act. (2) The Government may make rules as to the supply, sale and use of postage stamps. (3) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tfix the price at which postage stamps shall be sold; (b)\tdeclare the classes of postal articles in respect of which postage stamps shall be used for the payment of postage or other sums chargeable under this Act ; (c)\tprescribe the conditions with regard to perforation, defacement and all other matters subject to which postage stamps may be accepted or refused in payment of postage or other sums; (d)\tregulate the custody, supply and sale of postage stamps; (e)\tdeclare the persons by whom and the terms and conditions subject to which postage stamps may be sold ; and (f)\tprescribe the duties and remuneration of persons selling postage stamps.",
"name": "Provision of postage stamps and power to make rules as to them.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 76,
"details": "17.(1) Postage stamps provided under section 16 shall be deemed to be stamps issued by Government for the purpose of revenue within the meaning of the Penal Code, and, subject to the other provisions of this Act, shall be used for the prepayment of postage or other sums chargeable under this Act in respect of postal articles, accept where the Government directs that prepayment shall be made in some other way. (2) \tWhere the Government has directed that prepayment of postage or other sums chargeable under this Act in respect of postal articles may be made by prepaying the value denoted by the impressions of stamping machines issued under its authority, the impression of any such machine shall likewise be deemed to be a stamp issued by Government for the purpose of revenue, within the meaning of the Penal Code.",
"name": "Postage stamps to be deemed to be stamps for the purpose of revenue.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 76,
"details": "18.(1) The Government may, by rule, provide for the redelivery to the sender, or delivery to another addressee at the request of the sender without reference to the consent of the addressee and subject to such conditions (if any) as may be deemed fit, of any postal article in course of transmission by post. (2) \tSave as provided by any rules that may be made under sub-section (1), the sender shall not be entitled to recall a postal article in course of transmission by post or to ask for its delivery to another addressee.",
"name": "Re-delivery to sender or delivery to another addressee at the request of the sender of postal article in course of transmission by post.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 76,
"details": "19.(1) Except as otherwise provided by rule and subject to such conditions as may be prescribed thereby, no person shall send by post any explosive, dangerous, filthy noxious or deleterious substance, any sharp instrument not properly protected, or any living creature which is either noxious or likely to injure postal articles in course of transmission by post or any officer of the Post Office. (2)\tNo person shall send by post any article or thing which is likely to injure postal articles in course of transmission by post or any officer of the Post Office.",
"name": "Transmission by post of anything injurious prohibited.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 76,
"details": "20. \tNo person shall send by post,– (a)\tany indecent or obscene printing, painting, photograph, lithograph, engraving, book or card or any other indecent or obscene article, or (b) \tany postal article having thereon, or on the cover thereof, any words, marks or designs of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character.",
"name": "Transmission by post of anything indecent, etc., prohibited.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 76,
"details": "21.(1) The Government may make rules as to the transmission of articles by post. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tspecify articles which may not be transmitted by post; (b)\tprescribe conditions on which articles may be transmitted by post; (c)\tprovide for the detention and disposal of articles in course of transmission by post in contravention of rules made under clause (a) or clause (b); (d)\tprovide for the granting of receipts for, and the granting and obtaining of certificates of, posting and delivery of postal articles and the sums to be paid, in addition to any other postage, for such receipts and certificates; and (e)\tregulate covers, forms, dimensions, maximum weights, and enclosures, and the use of postal articles, other than letters, for making communi-cations. (3) Postal articles shall be posted and delivered at such times and in such manner as the Director General may, by order, from time to time appoint.",
"name": "Power to make rules as to transmission by post of postal articles.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 76,
"details": "22.(1) Where the dispatch or delivery from a post office of letters would be delayed by the dispatch or delivery therefrom at the same time of book, pattern or sample packets and parcels or any of them, such packets or parcels, or any of them, may subject to such rules as the Government may make in this behalf, be detained in the Post Office so long as may be necessary. (2) \tWhere separate parcel posts are established, parcels may be forwarded and conveyed by them, being detained, if necessary, in the Post Office for that purpose.",
"name": "Power to postpone dispatch or delivery of certain postal articles.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 76,
"details": "23.(1) Any postal article sent by post in contravention of any of the provisions of this Act may be detained and either returned to the sender or forwarded to destination, in each case charged with such additional postage (if any) as the Government may, by rule, direct. (2)\tAny officer in charge of a post office or authorized by the Post Master General in this behalf may open or unfasten any newspaper or any book, pattern or sample packet, in course of transmission by post, which he suspects to have been sent by post in contravention of section 20, clause (a) or of section 21 or of any of the provisions of this Act relating to postage. (3) \tNotwithstanding anything in sub-section (1),– (a)\tany postal article sent by post in contravention of the provisions of section 19 may, under the authority of the Post Master General, if necessary, be opened and destroyed: and (b)\tany postal article sent by post in contravention of the provisions of section 20 may be disposed of in such manner as the Government may by rule direct.",
"name": "Power to deal with postal articles posted in contravention of Act.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 76,
"details": "1524A. The Government may, by general or special order, empower any officer of the Post Office, specified in such order, to deliver any postal article, received from beyond the limits of Bangladesh and suspected to contain anything liable to duty, to such Customs authority as may be specified in the said order, and such Customs authority shall deal with such article in accordance with the provisions of the 16Customs Act, 1969, or of any other law for the time being in force.",
"name": "Power to deliver such articles to Customs authority.",
"related_acts": "354",
"section_id": 29
},
{
"act_id": 76,
"details": "24. \tExcept as otherwise provided in this Act, where a postal article suspected to contain any goods of which the import by post or the transmission by post is prohibited by or under any enactment for the time being in force, or anything liable to duty, is received for delivery at a post office, the officer in charge of the post office shall send a notice in writing to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office, and shall in the presence of the addressee or his agent, or if the addressee or his agent fails to attend as aforesaid then in his absence, open and examine the postal article: Provided, first, that, if the Director General so directs in the case of any post office or class of post offices, the officer in charge of the post office shall call in two respectable persons as witnesses before he opens a postal article in the absence of the addressee or his agent: Provided, secondly, that in all cases a postal article, after being opened under this section, shall be delivered to the addressee, unless it is required for the purpose of any further proceeding under this or any other law or enactment for the time being in force, and that the opening of the postal article and the circumstances connected herewith shall be immediately reported to the Post Master General.",
"name": "Power to deal with postal articles containing goods contraband or liable to duty.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 76,
"details": "25. Where a notification has been published under 17section 16 of the Customs Act, 1969 in respect of any goods of any specified description, or where the import or export into or from Bangladesh of goods of any specified description has been prohibited or restricted by or under any other enactment for the time being in force, any officer of the Post Office empowered in this behalf by the Government may search, or cause search to be made, for any such goods in course of trans mission by post, and shall deliver all postal articles reasonably believed or found to contain such goods to such officer as the Government may appoint in this behalf, and such goods may be disposed of in such manner as the Government may direct. In carrying out any such search, such officer of the Post Office may open or unfasten, or cause to be opened or unfastened, any newspaper or any book, pattern or sample packet in course of transmission by post.",
"name": "Power to intercept notified goods during transmission by post.",
"related_acts": "354",
"section_id": 31
},
{
"act_id": 76,
"details": "26.(1) On the occurrence of any public emergency, or in the interest of the public safety or tranquillity, the Government 18* * * or any officer specially authorized in this behalf by 19it, may, by order in writing, direct that any postal article or class or description of postal articles in course of transmission by post shall be intercepted or detained, or shall be disposed of in such manner as the authority issuing the order may direct. (2) If any doubt arises as to the existence of a public emergency, or as to whether any act done under sub-section (1) was in the interest of the public safety or tranquillity, a certificate of the Government 20* * * shall be conclusive proof on the point.",
"name": "Power to intercept postal articles for public good.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 76,
"details": "2127A. No newspaper printed and published in Bangladesh without conforming to the rules laid down in the 22Printing Presses and Publications (Declaration and Registration) Act, 1973, shall be transmitted by post.",
"name": "Prohibition of transmission by post of certain newspapers.",
"related_acts": "437",
"section_id": 33
},
{
"act_id": 76,
"details": "27C. Every application made under the second proviso to sub-section (3) of section 27B shall be heard and determined in the manner provided by section 99D to 99F of the Code of Criminal Procedure, 1898, by a Special Bench of the 23High Court Division constituted in the manner provided by section 99C of that Code.",
"name": "Procedure for disposal by High Court Division of applications for release of newspapers and articles so detained.",
"related_acts": "75",
"section_id": 34
},
{
"act_id": 76,
"details": "27D. No order passed or action taken under section 27B shall be called in question in any Court otherwise than in accordance with the second proviso to sub-section (3) of that section.",
"name": "Jurisdiction barred",
"related_acts": "",
"section_id": 35
},
{
"act_id": 76,
"details": "27.(1) Where a postal article is received by post from any place beyond the limits of Bangladesh– (a)\tbearing a fictitious postage stamp, that is to say, any facsimile or imitation or representation of a postage stamp, or (b)\tpurporting to be prepaid with any postage stamp which has been previously used to prepay any other postal article, the officer in charge of the post office at which the postal article is received, shall send a notice to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office to receive delivery of the postal article. (2) If the addressee or his agent attends at the post office within the time specified in the notice and consents to make known to the officer in charge of the post office the name and address of the sender of the postal article and to redeliver to the officer aforesaid the portion of the postal article which bears the address and the fictitious or previously used postage stamp, or, if the postal article is inseparable from the stamp, the entire postal article, the postal article shall be delivered to the addressee or his agent. (3) If the addressee or his agent fails to attend at the post office within the time specified in the notice, or, having attended within that time, refuses to make known the name and address of the sender or to redeliver the postal article or portion thereof as required by sub-section (2), the postal article shall not be delivered to him, but shall be disposed of in such manner as the Government may direct. Explanation– For the purposes of this section, the expression “postage stamp” includes any postage stamp for denoting any rate or duty of postage of any 24* * * foreign country and the impression of any stamping machine provided or authorized for the like purpose by or under the authority of the Government of such 25* * * country.",
"name": "Power to deal with postal articles from abroad bearing fictitious or previously used stamps.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 76,
"details": "27B.(1) Any officer of the Post Office authorized by the Post Master General in this behalf may detain any postal article in course of transmission by post which he suspects to contain – (a)\t(i) any newspaper or book as defined in the 26Printing Presses and Publications (Declaration and Registration) Act, 1973.; or (ii) any document; containing any treasonable or seditious matter, that is to say, any matter the publications of which is punishable under section 123A or section 124A, as the case may be, of the Penal Code; or (b)\tany newspaper as defined in the 27Printing Presses and Publications (Declaration and Registration) Act, 1973, edited, printed or published otherwise than in conformity with the rules laid down in that Act; and shall deliver any postal article so detained to such officer as the Government may appoint in this behalf. (2) Any officer detaining any postal article under the provisions of sub-section (1) shall forthwith send by post to the addressee of such article notice of the fact of such detention. (3) The Government shall cause the contents of any postal article detained under sub-section (1) to be examined, and if it appears to the Government that the article contained any newspaper, book or other document, of the nature described in clause (a) or clause (b) of sub-section (1), may pass such orders as to the disposal of the article and its contents as it may deem proper, and, if it does not so appear, shall release the article and its contents, unless the same be otherwise liable to seizure under any law for the time being in force: Provided that any person interested in any article detained under the provisions of clause (a) of sub-section (1) may, within two months from the date of such detention, apply to the Government for release of the same, and the Government shall consider such application and pass such orders thereon as it may deem to be proper: Provided also that, if such application is rejected, the applicant may, within two months from the date of the order rejecting the application, apply to the 28High Court Division for release of the article and its contents on the ground that the article did not contain any newspaper, book or other document containing any treasonable or seditious matter. (4) In this section “document” includes also any painting, drawing or photograph, or other visible representation.",
"name": "Power to detain newspapers and other articles being transmitted by post.",
"related_acts": "437,437",
"section_id": 37
},
{
"act_id": 76,
"details": "28. The sender of a postal article may, subject to the other provisions of this Act, have the article registered at the post office at which it is posted, and require a receipt therefore; and the Government may, by notification in the official Gazette, direct that, in addition to any postage chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the registration of postal articles.",
"name": "Registration of postal articles.",
"related_acts": "",
"section_id": 38
},
{
"act_id": 76,
"details": "29.(1) The Government may make rules as to the registration of postal articles. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tdeclare in what cases registration shall be required; (b)\tprescribe the manner in which the fees for registration shall be paid; and (c)\tdirect that twice the fee for registration shall be levied on the delivery of a postal article required to be registered on which the fee for registration has not been prepaid. (3) Postal articles made over to the Post Office for the purpose of being registered shall be delivered, when registered, at such times and in such manner as the Director General may, by order, from time to time appoint.",
"name": "Power to make rules as to registration.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 76,
"details": "30. The Government may, by notification in the official Gazette, direct,– (a)\tthat any postal article may, subject to the other provisions of this Act, be insured at the post office at which it is posted, against the risk of loss or damage in course of transmission by post, and that a receipt therefor shall be granted to the person posting it; and (b)\tthat, in addition to any postage and fees for registration chargeable under this Act, such further fee as may be fixed by the notification shall be paid on account of the insurance of postal articles.",
"name": "Insurance of postal articles.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 76,
"details": "31. The Government may, by notification in the official Gazette, declare in what cases insurance shall be required, and direct that any postal article containing anything required to be insured, which has been posted without being insured, shall be returned to the sender or shall be delivered to the addressee, subject to the payment of such special fee as may be fixed by the notification: Provided that the levy of such special fee as aforesaid shall not impose any liability upon the Government in respect of the postal article.",
"name": "Power to require insurance of postal articles.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 76,
"details": "32.(1) The Government may make rules as to the insurance of postal articles. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tdeclare what classes of postal articles may be insured under section 30; (b)\tfix the limit of the amount for which postal articles may be insured; and (c)\tprescribe the manner in which the fees for insurance shall be paid. (3) Postal articles made over to the Post Office for the purpose of being insured shall be delivered, when insured, at such places and times and in such manner as the Director General may, by order, from time to time appoint.",
"name": "Power to make rules as to insurance.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 76,
"details": "33. Subject to such conditions and restrictions as the Government may, by rule, prescribe, Government shall be liable to pay compensation, not exceeding the amount for which a postal article has been insured, to the sender thereof for the loss of the postal article or its contents, or for any damage caused to it in course of transmission by post: Provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the damage caused.",
"name": "Liability in respect of postal articles insured.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 76,
"details": "34. The Government may, by notification in the official Gazette, direct that, subject to the other provisions of this Act and to the payment of fees at such rates as may be fixed by the notification, a sum of money specified in writing at the time of posting by the sender of a postal article shall be recoverable on the delivery thereof from the addressee, and that the sum, so recovered, shall be paid to the sender: Provided that the Government shall not incur any liability in respect of the sum specified for recovery, unless and until that sum has been received from the addressee. Explanation– Postal articles sent in accordance with the provisions of this section may be described as “value-payable” postal articles.",
"name": "Transmission by post of value-payable postal articles.",
"related_acts": "",
"section_id": 44
},
{
"act_id": 76,
"details": "35.(1) The Government may make rules as to the transmission by post of value-payable postal articles. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tdeclare what classes of postal articles may be sent as value-payable postal articles; (b)\tdirect that no postal article shall be so sent unless the sender declares that it is sent in execution of a bona fide order received by him; (c)\tlimit the value to be recovered on the delivery of any value-payable postal article; (d)\tprescribe the form of declaration to be made by the senders of value-payable postal articles, and the time and manner of the payment of fees; (e)\tprovide for the retention and repayment to the addressee in cases of fraud of money recovered on the delivery of any value-payable postal articles; and (f)\tprescribe the fees to be charged for inquires into complaints regarding the delivery of or payment for value-payable postal articles. (3) Postal articles shall be made over to the Post Office for the purpose of being sent as “value-payable” and shall be delivered, when so sent, at such times and in such manner as the Director General may, by order, from time to time appoint. (4) No suit or other legal proceeding shall be instituted against the Government, or any officer of the Post Office in respect of anything done, or in good faith purporting to be done, under any rule made under clause (e) of sub-section (2).",
"name": "Power to make rules as to value-payable postal articles.",
"related_acts": "",
"section_id": 45
},
{
"act_id": 76,
"details": "36.(1) Where arrangements are in force with 29any foreign country, for the transmission by post of registered, insured or value-payable postal articles between Bangladesh and 30such country, the Government may make rules to give effect to such arrangements. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe– (a)\tthe form of declaration to be made by the senders of such postal articles as aforesaid; and (b)\tthe fees to be charged in respect thereof.",
"name": "Power to give effect to arrangements with other countries.",
"related_acts": "",
"section_id": 46
},
{
"act_id": 76,
"details": "37.(1) The Government may make rules as to the disposal of postal articles which for any reason cannot be delivered (hereinafter referred to as “undelivered postal articles”). (2) In particular and without prejudice to the generality of the foregoing power, such rules may,– (a)\tprescribe the period during which undelivered postal articles at a post office shall remain in that office; and (b)\tprovide for the publication of lists of undelivered postal articles, or of any class of undelivered postal articles. (3) Every undelivered postal article, after being detained at a post office for the period prescribed by rule under the foregoing provisions of this section, shall be either forwarded, free of further charge, to the post office at which it was posted, for return to the sender, or sent to the office of the Post Master General.",
"name": "Power to make rules as to disposal of undelivered postal articles.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 76,
"details": "38.(1) Every postal article received at the office of the Post Master General under sub-section (3) of section 37 shall be dealt with as follows:- (a)\tif practicable, it shall be redirected and forwarded by post to the addressee; or, (b)\tif it cannot be redirected and forwarded as aforesaid, it shall be opened by some officer, appointed by the Post Master General in this behalf and bound to secrecy, in order to ascertain the name and address of the sender. (2) If the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further charge or subject to such further charge as the Government may, by rule, direct.",
"name": "Disposal of undelivered postal articles as office of Postmaster General.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 76,
"details": "39. Undelivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the Post Master General for such further period (if any), and shall be dealt with in such manner, as the Government may, by rule, direct: Provided that– (a)\tletters and postcards shall be destroyed; (b)\tmoney or saleable property, not being of a perishable nature, found in any undelivered postal article, shall be detained for a period of one year in the office of the Post Master General, and, if on the expiration of that period no person has established his right thereto, shall, if money, be credited to the Post Office, and, if saleable property, be sold, the sale-proceeds being credited to the Post Office.",
"name": "Final disposal of undelivered postal articles.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 76,
"details": "40. The master of a ship, not being a mail ship, about to depart from any port in Bangladesh to any port within, or any port or place beyond, Bangladesh shall receive on board any mail bag tendered to him by any officer of the Post Office for conveyance, granting a receipt therefor in such form as the Government may, by rule, prescribe, and shall, without delay, deliver the same at the port or place of destination.",
"name": "Duty of master of ship, departing from any port in Bangladesh, and not being a mail ship, to convey mail bags.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 76,
"details": "41.(1) The master of a ship arriving at any port in Bangladesh shall, without delay, cause every postal article or mail bag on board which is directed to that port and is within the exclusive privilege conferred on the Government by section 4, to be delivered either at the post office at that port or to some officer of the Post Office authorized in this behalf by the Post Master General. (2) If there is on board any postal article or mail bag which is directed to any other place within Bangladesh and is within the exclusive privilege aforesaid, the master shall, without delay, report the fact to the officer in charge of the post office at the port of arrival and act according to the directions he may receive from such officer, and the receipt of such officer shall discharge him from all further responsibility in respect of the postal article or mail bag.",
"name": "Duty of master of ship arriving at any port in Bangladesh, in respect of postal articles and mail bags on board.",
"related_acts": "",
"section_id": 51
},
{
"act_id": 76,
"details": "42. The Government may, by notification in the official Gazette, declare what gratuities shall be allowed to masters of ships, not being mail ships, in respect of postal articles received by them for conveyance on behalf of the Post Office ; and the master of a ship, not being a mail ship, about to leave any port in Bangladesh as aforesaid shall, if he receives on board a mail bag for conveyance, be entitled to demand and obtain immediately the amount of the gratuity payable under this section in respect of the mail bag and its contents.",
"name": "Allowance of gratuities for conveyance of postal articles by ships other than mail ships.",
"related_acts": "",
"section_id": 52
},
{
"act_id": 76,
"details": "43.(1) The Government may provide for the remitting of small sums of money through the Post Office by means of money orders, and may make rules as to such money orders. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe,– (a)\tthe limit of amount for which money orders may be issued; (b)\tthe period during which money orders shall remain current; and (c)\tthe rates of commission or the fees to be charged on money orders or in respect thereof.",
"name": "Power to maintain money order system and to make rules as to remittances thereby.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 76,
"details": "44.(1) Subject to such conditions as the Government may, by rules made under section 43, prescribe in respect of the levy of additional rates of commission or fees or any other matters, a person remitting money through the Post Office by means of a money order may require that the amount of the order if not paid to the payee be repaid to him or be paid to such person other than the original payee as he may direct. (2) \tIf neither the payee nor the remitter of a money order can be found and if within the period of one year from the date of the issue of the order no claim is made by such payee or remitter, the amount of such order shall not be claimable from the Government.",
"name": "Power for remitter to recall money order or alter name of payee.",
"related_acts": "",
"section_id": 54
},
{
"act_id": 76,
"details": "45. \tThe Government may authorize the issue in such form as may be suitable of money orders to be called postal orders or by such other designation as may be deemed appropriate for certain fixed amounts and may make rules as to the rates of commission to be charged thereon and the manner in which and conditions subject to which they may issued paid and cancelled: Provided that no such order shall be issued for an amount in excess of 31Fifty Taka.",
"name": "Power to provide for the issue of postal orders.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 76,
"details": "46.(1) Where arrangements are in force with 32any foreign country for the issue and payment through the Post Office of money orders between Bangladesh and 33such country, the Government may make rules to give effect to such arrangements. (2) \tIn particular and without prejudice to the generality of the foregoing power, such rules may prescribe,– (a)\tthe manner in which, and the conditions subject to which, such orders may be issued and paid in Bangladesh; and (b)\tthe rates of commission to be charged thereon.",
"name": "Power to give effect to arrangements with other countries.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 76,
"details": "47. If any person, without reasonable excuse, the burden of proving which shall lie on him, neglects or refuses to refund– (a)\tany amount paid to him in respect of a money order by an officer of the Post Office in excess of what ought to have been paid to him in respect thereof, or (b)\tthe amount of a money order paid by an officer of the Post Office to him instead of to some other person to whom it ought to have been paid, such amount shall be recoverable by an officer of the Post Office authorized by the Post Master General in this behalf from the person so neglecting or refusing as if it were an arrear of land-revenue due from him.",
"name": "Recovery of money order paid to the wrong person.",
"related_acts": "",
"section_id": 57
},
{
"act_id": 76,
"details": "48. No suit or other legal proceeding shall be instituted against the Government or any officer of the Post Office in respect of– (a)\tanything done under any rules made by the Government under this Chapter; or (b)\tthe wrong payment of a money order caused by incorrect or incomplete information given by the remitter as to the name and address of the payee, provided that, as regards incomplete information, there was reasonable justification for accepting the information as a sufficient description for the purpose of identifying the payee; or (c)\tthe payment of any money order being refused or delayed by, or on account of, any accidental neglect, omission or mistake, by, or on the part of, an officer of the Post Office, or for any other cause whatsoever, other than the fraud or wilful act or default of such officer; or (d)\tany wrong payment of a money order after the expiration of one year from the date of the issue of the order; or (e)\tany wrong payment or delay in payment of a money order beyond the limits of Bangladesh by an officer of any post office, not being one established by the Government.",
"name": "Exemption from liability in respect of money orders.",
"related_acts": "",
"section_id": 58
},
{
"act_id": 76,
"details": "49. Whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post,– (a)\tis in a state of intoxication while so employed, or (b)\tis guilty of carelessness or other misconduct, whereby the safety of any such mail bag or postal article as aforesaid is endangered, or (c)\tloiters or makes delay in the conveyance or delivery of any such mail bag or postal article as aforesaid, or (d)\tdoes not use due care and diligence safely to convey or deliver any such mail bag or postal article as aforesaid, shall be punishable with fine which may extend to 34five hundred taka.",
"name": "Penalty for misconduct of person employed to carry or deliver mail bags or postal articles.",
"related_acts": "",
"section_id": 59
},
{
"act_id": 76,
"details": "50. \tWhoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post, voluntarily withdraws from the duties of his office without permission or without having given one month's previous notice in writing, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to 35five hundred taka or with both.",
"name": "Penalty for voluntary withdrawal from duty, without permission or notice, of person employed to carry or deliver mail bags or postal articles.",
"related_acts": "",
"section_id": 60
},
{
"act_id": 76,
"details": "51. Whoever, being employed to carry or deliver any postal article in course of transmission by post and required while so employed to keep any register, makes, or causes or suffers to be made, any false entry in the register with intent to induce the belief that he has visited a place, or delivered a postal article, which he has not visited or delivered, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 36one thousand taka or with both.",
"name": "Penalty for making false entry in register kept by person employed to carry or deliver postal articles.",
"related_acts": "",
"section_id": 61
},
{
"act_id": 76,
"details": "52. Whoever, being an officer of the Post Office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be punishable with fine.",
"name": "Penalty for theft, dishonest misappropriation, secretion, destruction, or throwing away, of postal articles.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 76,
"details": "53. Whoever, being an officer of the Post Office, contrary to his duty, opens, or causes or suffers to be opened, any postal article in course of transmission by post, or wilfully detains or delays, or causes or suffers to be detained or delayed, any such postal article, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both: Provided that nothing in this section shall extend to the opening, detaining or delaying of any postal article under the authority of this Act or in obedience to the order in writing of the Government or the direction of a competent Court.",
"name": "Penalty for opening, detaining or delaying postal articles.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 76,
"details": "54. Whoever, being an officer of the Post Office,– (a)\tfraudulently puts any wrong official mark on a postal article, or (b)\tfraudulently alters, removes or causes to disappear any official mark which is on a postal article, or, (c)\tbeing entrusted with the delivery of any postal article knowingly demands or receives any sum of money in respect of the postage thereof which is not chargeable under this Act, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.",
"name": "Penalty for fraud in connection with official marks and for receipt of excess postage.",
"related_acts": "",
"section_id": 64
},
{
"act_id": 76,
"details": "55. Whoever, being an officer of the Post Office entrusted with the preparing or keeping of any document, fraudulently prepares the document incorrectly, or alters or secretes or destroys the document, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.",
"name": "Penalty for fraudulently preparing, altering, secreting or destroying Post Office documents.",
"related_acts": "",
"section_id": 65
},
{
"act_id": 76,
"details": "56. Whoever, being an officer of the Post Office, sends by post, or puts into any mail bag, any postal article upon which postage has not been paid or charged in the manner prescribed by this Act, intending thereby to defraud the Government of the postage on such postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.",
"name": "Penalty for fraudulently sending unpaid postal articles.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 76,
"details": "57. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 67
},
{
"act_id": 76,
"details": "3758. (1) Whoever, in contravention of the provisions of section 4 or 4B, carries, receives, tenders or delivers letters, or collects letters, or operates the business of Mailing Operator or Courier Service, shall be punishable with fine which may extend to Taka fifty thousand for every incident for every such letter or such business. (2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to taka two lakhs.",
"name": "Penalty for contravention of section 4 and 4B.",
"related_acts": "",
"section_id": 68
},
{
"act_id": 76,
"details": "59.(1) Whoever, in contravention of the provisions of section 5, carries, receives, tenders or delivers letters, or collects letters, shall be punishable with fine which may extend to 38five hundred taka for every such letter. (2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to 39five thousand taka.",
"name": "Penalty for contravention of section 5.",
"related_acts": "",
"section_id": 69
},
{
"act_id": 76,
"details": "60. Whoever, being appointed to sell postage stamps,– (a)\ttakes from any purchaser for any postage stamp or quantity of postage stamps a price higher than that fixed by any rule made under section 16, sub-section (3), clause (a), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 40two thousand Taka, or with both; or (b)\tcommits a breach of any other rule made under section 16, shall be punishable with fine which may extend to 41two thousand taka.",
"name": "Penalty for breach of rules under section 16.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 76,
"details": "61.(1) Whoever, in contravention of the provisions of section 19 or section 20, sends or tenders or makes over in order to be sent by post any postal article or anything, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) The detention in the Post Office of any postal article on the ground of its having been sent in contravention of the provisions of section 19 or section 20, shall not exempt the sender from any proceedings which might have been taken if the postal article had been delivered in due course of post.",
"name": "Penalty for contravention of section 19 or 20.",
"related_acts": "",
"section_id": 71
},
{
"act_id": 76,
"details": "62. Whoever places in or against any letter-box provided by the Post Office for the reception of postal articles any fire, match or light, any explosive, dangerous, filthy, noxious or deleterious substance, or any fluid, or commits a nuisance in any such letter-box or its appurtenances or contents, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.",
"name": "Penalty for defiling or injuring post office letter-boxes.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 76,
"details": "63. Whoever, without due authority, affixes any placard, advertisement, notice, list, document, board or other thing in or on, or paints, tars or in any way disfigures any post office or any letter-box provided by the Post Office for the reception of postal articles, shall be punishable with fine which may extend to 42five hundred taka.",
"name": "Penalty for affixing without authority thing to, or painting, tarring or disfiguring, post office or post office letter-box.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 76,
"details": "64. Whoever, being required by this Act to make a declaration in respect of any postal article to be sent by post or the contents or value thereof, makes in his declaration any statement which he knows, or has reason to believe, to be false, or does not believe to be true, shall be punishable with fine which may extend to 43two thousand Taka, and, if the false declaration is made for the purpose of defrauding the Government, with fine which may extend to 44five thousand taka.",
"name": "Penalty for making false declaration",
"related_acts": "",
"section_id": 74
},
{
"act_id": 76,
"details": "65. \tWhoever, being the master of a ship,– (a)\tfails to comply with the provisions of section 40, or, (b)\twithout reasonable excuse, the burden of proving which shall lie on him, fails to deliver any postal article or mail bag or to comply with the directions of the officer in charge of the post office at a port of arrival, as required by section 41, shall be punishable with fine which may extend to 45ten thousand Taka.",
"name": "Penalty for master of ship failing to comply with the provisions of section 40 or 41.",
"related_acts": "",
"section_id": 75
},
{
"act_id": 76,
"details": "66.(1) Whoever, being the master of a ship or the pilot of an aircraft arriving at any port in Bangladesh or any one on board such ship or aircraft, knowingly has in his baggage or in his possession or custody, after the postal articles on board or any of them have been sent to the post office at the port of arrival, any postal article within the exclusive privilege conferred on the Government by section 4, shall be punishable with fine which may extend to 46five hundred taka for every such postal article as aforesaid. (2) \tWhoever, being such master, pilot or other person as aforesaid, detains any such postal article as aforesaid after demand made for it by an officer of the Post Office, shall be punishable with fine which may extend to 47one thousand taka for every such postal article.",
"name": "Penalty for detention of letters on board vessel arriving in port.",
"related_acts": "",
"section_id": 76
},
{
"act_id": 76,
"details": "67. \tWhoever, except under the authority of this Act or of any other Act for the time being in force or in obedience to the order in writing of the Government or the direction of a competent Court, detains the mail or any postal article in course of transmission by post, or on any pretence opens a mail bag in course of transmission by post, shall be punishable with fine which may extend to 48two thousand taka: Provided that nothing in this section shall prevent the detention of an officer of the Post Office carrying the mails or any postal article in course of transmission by post, on a charge of having committed an offence declared to be cognizable by the Code of Criminal Procedure, 1898, or any other law for the time being in force.",
"name": "Penalty for detaining mails or opening mail bag.",
"related_acts": "75",
"section_id": 77
},
{
"act_id": 76,
"details": "68. Whoever fraudulently retains, or wilfully secretes or makes away with, or keeps or detains, or, when required by an officer of the Post Office, neglects or refuses to deliver up, any postal article in course of transmission by post which ought to have been delivered to any other person, or a mail bag containing a postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.",
"name": "Penalty for retaining postal articles wrongly delivered or mail bags.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 76,
"details": "69. Whoever, not being an officer of the Post Office, wilfully and maliciously, with intent to injure any person, either opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 49five thousand Taka, or with both: Provided that nothing in this section shall apply to a person who does any act to which the section applies, if he is a parent, or in the position of a parent or guardian, of the addressee, and the addressee is a minor or a ward.",
"name": "Penalty for unlawfully diverting letters.",
"related_acts": "",
"section_id": 79
},
{
"act_id": 76,
"details": "70. Whoever abets the commission of any offence punishable under this Act or attempts to commit any offence so punishable, shall be punishable with the punishment provided for that offence.",
"name": "Penalty for abetting, or attempting to commit, offences under Act.",
"related_acts": "",
"section_id": 80
},
{
"act_id": 76,
"details": "71. In every prosecution for an offence in respect of a mail bag or of any postal article sent by post, it shall be sufficient, for the purpose of the charge, to describe the mail bag or postal article as being the property of the Post Office, and it shall not be necessary to prove that the mail bag or postal article was of any value.",
"name": "Property in cases of offences to be laid in the Post Office.",
"related_acts": "",
"section_id": 81
},
{
"act_id": 76,
"details": ".\t72. No Court shall take cognizance of an offence punishable under any of the provisions of sections 51, 53, 54, clauses (a) and (b), 55, 56, 58, 59, 61, 64, 65, 66 and 67 of this Act, unless upon complaint made by order of, or under authority from, the Director General or a Post Master General.",
"name": "Authority for prosecutions under certain sections of Act.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 76,
"details": "73. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 83
},
{
"act_id": 76,
"details": "74.(1) In addition to the powers hereinbefore conferred, the Government may make rules to carry out any of the purposes and objects of this Act. (2) \tIn making any rule under this Act, the Government may direct that a breach of it shall be punishable with fine which may extend to 50one thousand taka. (3) \tAll rules made by the Government under this Act shall be published in the official Gazette and, on such publication, shall have effect as if enacted by this Act.",
"name": "General power to make rules and provisions as to rules under Act.",
"related_acts": "",
"section_id": 84
},
{
"act_id": 76,
"details": "75. \tThe Government may, by notification in the official Gazette authorize, either absolutely or subject to conditions, the Director General to exercise any of the powers conferred upon the Government by this Act, other than a power to make rules.",
"name": "Delegation of powers, other than rule-making powers, to Director General.",
"related_acts": "",
"section_id": 85
},
{
"act_id": 76,
"details": "76. \tRepealed by section 3 and Schedule II of the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 86
},
{
"act_id": 76,
"details": "77. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 87
}
],
"text": "1♠An Act to consolidate and amend the Law relating to the Post Office. WHEREAS it is expedient to consolidate and amend the law relating to the Post Office; It is hereby enacted as follows:-"
} |
{
"id": 75,
"lower_text": [
"1 Throughout the Code of Criminal Procedure, except otherwise provided, the words \"Bangladesh\", \"Government\", \"Taka\" , \"Penal Code\" and \"High Court Division\" were substituted, for the words \"Pakistan\" or \"Each Province\", \"Central Government\" or \"Provincial Government\" or \"Central Government or a Provincial Government\", \"rupees\", \"Pakistan Penal Code\" and \"High Court\" or \"a High Court\" or \"any High Court\" or \"every High Court\" or \"each High Court\" or \"High Courts\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words \"or local\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words and commas “the expression “Magistrate of a division of a district” shall be deemed to mean “sub-divisional Magistrate” were omitted by section 2 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"4 The words and commas “and the expression “Joint Sessions Judge” shall mean “Additional Sessions Judge” were omitted by section 2 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"5 Clauses (a) and (aa) were substituted, for clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clause (hh) was inserted by section 2 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)",
"7 Clause (j) was substituted, for the former clause (j) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words \"and any person conducting a prosecution on behalf of the State in any High Court in the exercise of its original criminal jurisdiction\" were omitted by section 3 and 2nd Schedule of Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Clause (u) was substituted by section 3 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"10 Section 4A was inserted by section 4 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"11 Section 6 was substituted by section 5 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"12 Sub-section (4) was added by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"13 The letter \"A\" was substituted, for the words \"the Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"14 Section 8 was substituted by section 6 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"15 he semicolon and words \"; and the Court of Session for the Dhaka Metropolitan Area shall be called the Metropolitan Court of Session\" were added by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"16 The letter \"a\" was substituted, for the words \"the Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"17 The proviso was omitted by section 7 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"18 Sub-section (3A) was inserted by section 7 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"19 Section 10 was substituted by section 8 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"20 Section 11 was substituted by 8 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"21 Sub-section (2A) was inserted after the sub-section (2) by section 2 of the Code of Criminal Procedure, (Amendment) Act, 2012 (Act No. XXXVII of 2012).",
"22 Section 12 was substituted by 8 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"23 The words \"outside the Dacca Metropolitan Area\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment)) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"24 The letter \"a\" was substituted, for the words \"the Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"25 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 9 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"26 Sections 17 was substituted by section 10 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"27 Sections 17A was substituted by section 10 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"28 Sub-section (1) was substituted for the sub-section (1) by section 11 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"29 Sub-section (3) was omitted by section 11 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"30 The letter \"a\" was substituted, for the words \"the Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"31 The words and comma \"conferred on him or on a Metropolitan Magistrate under this Code, or under any law for the time being in force\" were substituted, for the words \"conferred on him by this Code\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"32 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 12 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"33 Sub-section (2) was omitted by section 12 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"34 The words \"The Government\" were substituted, for the words and commas \"A Provincial Government, so far as regards the territories subject to it, administration,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 The words \"Supreme Court\" were substituted, for the words \"High Courts\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 13 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"37 The words \"their respective jurisdictions\" were substituted, for the words \"and for the whole of the territories administered by the Provincial Government under which they are serving\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"38 The words \"tried by\" were substituted, for the words \"committed to\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"39 The words \"by the High Court or\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"40 Section 29B was inserted by section 6 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"41 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 14 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"42 The words \"or the Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"43 The words \"or under any law\" were substituted, for the words and comma \"section 8, sub-section (1), of the Reformatory Schools Act, 1897, or, in any area in which the said Act has been wholly or in part repealed by any other law\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 Section \"29C\" was substituted, for section \"29C\" by section 3 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"45 The words “in consultation with the High Court Division” after the words “Government may” were inserted by section 15 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"46 The words and comma \"Chief Metropolitan Magistrate,\" where inserted by section 2 of the Code of Criminal Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983)",
"47 The words “Chief Judicial Magistrate or any Additional Chief Judicial Magistrate” were substituted for the words “District Magistrate or any Additional District Magistrate” by section 15 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"48 The words “Metropolitan Magistrate or” were inserted after the word “invest” by section 15 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"49 The words \"The High Court Division\" were substituted, for the words \"A High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"50 The word “Joint” was substituted for the word “Assistant” by section 16 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"51 The word \"ten\" was substituted, for the word \"seven\" by section 5 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"52 The word \"ten\" was substituted, for the word \"seven\" by section 5 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"53 Sub-section (4) was omitted by section 16 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"54 The words \"of Metropolitan Magistrates and\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"55 The words \"five years\" were substituted, for the words \"three years\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"56 The words \"ten thousand taka\" were substituted, for the words \"five thousand taka\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"57 The words \"three years\" were substituted, for the words \"two years\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"58 The words \"five thousand taka\" were substituted, for the words \"two thousand taka\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"59 The words \"two years\" were substituted, for the words \"one year\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"60 The words \"two thousand taka\" were substituted, for the words \"one thousand taka\" by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"61 Section 33A was inserted by section 7 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"62 The Brackets, words and figure \"(other than a Magistrate action under section 34)\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"63 Section 35A was substituted, for section 35A by section 2 of the Code of Criminal Procedure (Amendment) Act, 2003 (Act No. XIX of 2003)",
"64 The words “Judicial and Executive Magistrate” were substituted for the words and comma “District Magistrates, Sub-divisonal Magistrate and Magistrates of the first, second and third classes” by section 17 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"65 Section 37 was substituted for section 37 by section 18 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"66 The words \"under the same Provincial Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"67 Section 41 was substituted for section 41 by section 19 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"68 The words “any Magistrate whether Judicial or Executive” were substituted for the words “a Magistrate” by section 20 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"69 The words “or Sub-divisional Magistrate” were omitted by section 21 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"70 The words “or Sub-divisional Magistrate” were omitted by section 21 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"71 The words \"transportation for life\" construed as a reference to \"imprisonment for life\" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"72 The words \"or from any unit of forces of an Acceding State declared under the Extradition Act, 1903, to be a unit desertion from which is an extradition offence\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"73 The words and commas \"in the Dacca Metropolitan Area, to the Chief Metropolitan Magistrate, and in other areas, to the District Magistrate, or if the District Magistrate\" were substituted, for the words and commas \"to the District Magistrate, or, if he\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"74 The letter \"a\" was substituted, for the words \"the Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"75 The words “and also to the Chief Judicial Magistrate” were substituted for the words and comma “or if the District Magistrate so directs, to the Sub-divisional Magistrate” by section 22 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"76 The words “whether Executive or Judicial” after the word “Magistrate” were inserted by section 23 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"77 The words “whether Executive or Judicial” after the word “Magistrate” were inserted by section 24 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"78 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"79 The word \"Republic\" was substituted, for the words \"State or of a Railway Company\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"80 The words, commas and semi-colon \"and, when issued by a Metropolitan Magistrate, shall always be so directed; but any other Court\" were substituted, for the semi-colon and words \"; but any Court\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"81 The words “Magistrate of the first class” were substituted for the words “District Magistrate or Sub-divisional Magistrate” by section 25 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"82 The words “local Jurisdiction” were substituted for the words “District or Sub-division” by section 25 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"83 The words “Executive Magistrate or District Superintendent of Police” were substituted for the words “Magistrate or District Superintendent” by section 26 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"84 The words and comma \"or, the Police Commissioner in the Dacca Metropolitan Area\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"85 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dhaka Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"86 The words \"or Police Commissioner\" were inserted by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"87 The words “an Executive Magistrate” were substituted for the words “a Magistrate” by section 27 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"88 The words “the Executive Magistrate” were substituted for the words “the Magistrate” by section 28 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"89 The words \"or Police Commissioner\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"90 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"91 The words “Police Commissioner or District Superintendent of Police” were substituted for the words “Police Commissioner or District Superintendent” by section 28 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"92 The words “Such Executive Magistrate or” were substituted for the words “Such Magistrate of” by section 29 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"93 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"94 The words \"or Police Commissioner\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"95 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"96 The words \"or Police Commissioner\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"97 The words “District Superintendent of Police” were substituted for the words “District Superintendent” by section 29(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"98 The words \"or Police Commissioner\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"99 The Colon (:) was substituted for the full stop (.) and after that the new proviso was added by section 29(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"100 The words “local area” were substituted for the words “District” by section 30 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"101",
"102 The words “Chief Judicial Magistrate” at the end of the words “District Magistrate” were inserted by section 30(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"103 The words \"or Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"104 The words “local area” were substituted for the words “District” by section 30(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"105 The words, comma and figures \"Order XL of the First Schedule to the Code of Civil Procedure, 1908\" were substituted, for the words and figure \"Chapter XXXVI of the Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"106 The words “Chief Judicial Magistrate” at the end of the words “District Magistrate” were inserted by section 30(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"107 The words \"or Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"108 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 30(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"109 The words \"or Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"110 The words “of the first or second class” were omitted by section 30(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"111 The words \"other than a juror or assessor\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"112 The words “Chief Judicial Magistrate” after the words “District Magistrate” were inserted by section 31(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"113 The words \"Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"114 The words and comma “other Magistrate, whether Executive or Judicial” were substituted for the words “other Magistrate” by section 31(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"115 The words \"Police Commissioner\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"116 The words “Chief Judicial Magistrate” after the words “District Magistrate” were inserted by section 31(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"117 The words “Chief Judicial Magistrate the case may be” after the words “District Magistrate” were inserted by section 32 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"118 The words and comma “or an Executive Magistrate specially empowered by the Government in this behalf,” were substituted for the words and comma “sub-divisional Magistrate, Metropolitan Magistrate or Magistrate of the first class” by section 33(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"119 The words and comma “or an Executive Magistrate specially empowered by the Government in this behalf,” were substituted for the words “sub-divisional Magistrate or a Metropolitan Magistrate” by section 33(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"120 The words, figures and comma \"section 16 of the Customs Act, 1969\" were substituted, for the words, figures and comma \"section 19 of the Sea Customs Act, 1878\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"121 The words and commas \"any such matter, word or visible representation,\" were substituted, for the words \"any treasonable or seditious or other matter of such a nature\" by section 4 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"122 The words and commas \"any such matter, word or visible representation\" were substituted, for the words \"treasonable or seditious or other matter of such a nature\" by section 4 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"123 The words \"The Supreme Court\" were substituted, for the words \"Every High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"124 Sections 99A to 99G were inserted by Schedule III of the Press Law Repeal and Amending Act, 1922 (Act No. XIV of 1922)",
"125 Section 99A was substituted, for the former section 99A by section 3 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"126 The words “the Vice President of Bangladesh” were omitted by section 34 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"127 The words \"Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"128 The words “or an Executive Magistrate” were substituted for the words “sub-divisional Magistrate” by section 35 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"129 The words and comma “Any Magistrate, whether Executive or Judicial” were substituted for the words “Any Magistrate” by section 36 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"130 The letter and words \"a Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"131 The words and comma “a District Magistrate, a sub-divisional Magistrate” were omitted by section 37(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"132 The words and number “including a Court hearing appeals under section 407” were omitted by section 37(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"133 The words “a District Magistrate or any other Executive Magistrate” were substituted for the words and commas “a Metropolitan Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class” by section 38(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"134 The words \"other than the Chief Metropolitan or\" were substituted, for the words and letter \"other than a\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"135 The words “Chief Metropolitan or” were omitted by section 38(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"136 The words, brackets, comma and figure \"provisions of the Printing Presses and Publications (Declaration and Registration) Act, 1973\" were substituted, for the words and comma \"rules laid down in the Press and Registration of Books Act, 1867\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"137 The words and comma “District Magistrate, or any other Executive Magistrate” were substituted for the words and comma “Chief Metropolitan or District Magistrate, or a Metropolitan Magistrate or Magistrate of the first class” by section 39 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"138 The words and comma “District Magistrate, or an Executive Magistrate” were substituted for the words and commas “a Metropolitan Magistrate, District Magistrate, or Sub-divisional Magistrate or Magistrate of the first class” by section 40 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"139 The words and comma “District Magistrate, or any other Executive Magistrate” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, or Sub-divisional Magistrate or a Magistrate of the first class” by section 41 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"140 The word “Joint” was substituted for the word “Assistant” by section 42 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"141 The word “Joint” was substituted for the word “Assistant” by section 42 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"142 The words “or Chief Metropolitan Magistrate” were omitted by section 43(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"143 The words “Chief Metropolitan or” were omitted by section 43(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"144 The words “or Chief Metropolitan Magistrate” were omitted by section 43(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"145 The words “or Chief Metropolitan Magistrate” were omitted by section 43(d) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"146 The words “or Chief Metropolitan Magistrate” were omitted by section 43(d) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"147 The words “Chief Metropolitan or” were omitted by section 44 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"148 The words “District Magistrate or any other Executive Magistrate” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class” by section 45 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"149 Sub-section (3) of section 126 was re-numbered as section 126A by section 23 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act XVIII of 1923)",
"150 The words “Executive Magistrate” were substituted for the word “Magistrate” by section 46 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"151 The words “Executive Magistrate” were substituted for the word “Magistrate” by section 47 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"152 The words, letter commas and figure \"or a volunteer enrolled under the Indian Volunteers Act, 1869, and acting as such,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"153 The words “Executive Magistrate” were substituted for the word “Magistrate” by section 48 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"154 The words \"or the Police Commissioner in the Dacca Metropolitan Area\" were inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"155 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"156 The words “an Executive Magistrate” were substituted for the word “a Magistrate” by section 49 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"157 The words \"or the Police Commissioner\" were inserted by the Schedule of the Dhaka Metropolitan Police (Amendment) Ordinance, 1976\" (Ordinance No. LXIX of 1976)",
"158 The words, commas and figure \"or of any Volunteers enrolled under the Indian Volunteers Act, 1869,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"159 The words “no Executive Magistrate” were substituted for the words “no Magistrate” by section 50 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"160 The words “an Executive Magistrate” were substituted for the words “a Magistrate” by section 50 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"161 Section 132A was inserted by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"162 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"163 The words “or any other Executive Magistrate” were substituted for the words “a Sub-divisional Magistrate or a Magistrate the first class” by section 51 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"164 The words “Executive Magistrate” were substituted for the words “Magistrate of the first class or second class” by section 51 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"165 lause (b) was substituted, for clause (b) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"166 The words and figure \"or apply for the appointment of a jury as required by section 2 and Schedule of section 135\" were omitted by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"167 The words \"in the manner provided in Chapter XX\" were substituted, for the words \"as in a summons case\" by section 8 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"168 Section 139A was inserted by section 26 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"169 The words and figure \"or section 138\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"170 The words, figure and comma \"or section 138, as the case may require\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"171 The comma, words and figure \", nor shall any question in respect of the existence of any such public right be inquired into by any jury appointed under section 138\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"172 The words and figure \"or section 137\" were substituted, for the comma, words and figures \", section 137 or section 139\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"173 The commas and words \", whether a jury to be, or has been, appointed or not,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"174 The words “any other Executive Magistrate” were substituted for the words and comma “Sub-divisional Magistrate, or any other Magistrate” by section 52 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"175 The words \"or local\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"176 The words “or any other Executive Magistrate” were substituted for the words, commas and brackets “Sub-divisional Magistrate, or of other Magistrate (not being a Magistrate of the third class)” by section 53 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"177 Sub-section (7) was added by the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"178 The letter and words \"a Metropolitan Area\" were substituted, for the words \"the Dacca Metropolitan Area\" by the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)",
"179 The letter, words and comma \"a Metropolitan Magistrate, District Magistrate\" were substituted, for the words \"the Chief Metropolitan Magistrate, a District Magistrate\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"180 The words “District Magistrate or an Executive Magistrate specially empowered by the Government in this behalf” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class” by section 54 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"181 The words \"The Chief Metropolitan Magistrate or\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"182 The words “such Magistrate” were substituted for the words “the Metropolitan Magistrate or the District Magistrate or the Magistrate who has attached the subject of dispute” by section 55 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"183 The words, comma and figure \"Code of Civil Procedure, 1908\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"184 The words and comma \"any Metropolitan Magistrate,\" were substituted, for the words \"the chief Metropolitan Magistrate or any\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"185 The words and comma “District Magistrate, or Executive Magistrate specially empowered by the Government in this behalf” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class” by section 56 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"186 The words \"the Chief Metropolitan Magistrate or\" were omitted by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"187 The words “or Sub-divisional Magistrate” were omitted by section 57 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"188 The word \"advocate\" was substituted, for the word \"pleaders\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"189 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"190 The comma, words and letter \", or of a Presidency Magistrate\" were omitted by section 3 and Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"191 The words and comma \"Any Metropolitan Magistrate, any Magistrate of the first class\" were substituted, for the comma and words\", any Magistrate of the first class\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"192 The words “nearest Judicial Magistrate” were substituted for the words “nearest Magistrate” by section 58(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"193 The word \"send\" was substituted for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance XLIX of 1978)",
"194 Sub-section (4) was substituted for sub-section (4) by section 58(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"195 Sub-section (4A) after sub-section (4) was inserted by section 58(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"196 Sub-section (5) was substituted for sub-section (5) by section 2 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992)",
"197 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"198 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"199 The words and comma \"Chief Metropolitan Magistrate,\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"200 The words “or the Chief Judicial Magistrate” were substituted for the words “District Magistrate or Sub-divisional Magistrate” by section 59 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"201 Section 171 was renumbered as sub-section (1) of that section by section 10 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"202 Sub-section (2) was added by section 10 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"203 Sub-sections (3A) and (3B) were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"204 The words “nearest Executive Magistrate” were substituted for the words “nearest Magistrate” by section 60(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"205 The words “of the District Magistrate” were substituted for the words and comma “the Chief Metropolitan Magistrate, the District Magistrate or Sub-divisional Magistrate” by section 60(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"206 The words “the District Magistrate” were substituted for the words and comma “the Chief Metropolitan Magistrate, the District Magistrate or Sub-divisional Magistrate” by section 60(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"207 Sub-section (5) was substituted for sub-section (5) by section 60(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"208 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"209 The proviso was omitted by section 5 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"210 The word \"Dhaka\" was substituted, for the words \"the State of Junagadh\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"211 The word \"Chittagong\" was substituted, for the words \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"212 The word \"Chittagong\" was substituted, for the words \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"213 The words \"the same\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"214 The word \"the\" was substituted for the word \"that\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"215 The words \"a Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"216 The words “or a Magistrate of the first class” were substituted for the words and commas “, a District Magistrate, Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the Government, a Magistrate of the first class” by section 61 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"217 The figure \"183\" was substituted, for the figure \"184\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"218 The words “such Magistrate shall send the person arrested to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate” were substituted for the words and comma “other than a Metropolitan Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate” by section 62 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"219 Second paragraph of section 188 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"220 The words \"except with the sanction of the Government\" were substituted, for the words and commas \"unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been committed, certifies that, in his opinion, the charge ought to be inquired into in Pakistan; and, where there is no Political Agent, the sanction of the Provincial Government shall be required\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"221 The words, comma and figure \"the Extradition Act, 1974\" were substituted for the words, comma and figure \"the Extradition Act, 1903\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"222 The words \"the political Agent or\" omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"223 The words and comma “Chief Metropolitan Magistrate,” before the words “Metropolitan Magistrate” were inserted by section 63(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"224 The words \"Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"225 The words, comma, brackets and figure “Chief Judicial Magistrate, Magistrate of the first class and any other Magistrate specially empowered in this behalf under sub-section (2) or (3)” were substituted for the words and comma “District Magistrate or Sub-divisional Magistrate and any other Magistrate specially empowered in this behalf” by section 63(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"226 Sub-section (2) was substituted for Sub-section (2) by section 63(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"227 The words “first or” were omitted by section 63(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"228 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"229 Sub-section (4) was added after sub-section (3) by section 63(d) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"230 In the marginal heading the words \"or commitment\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"231 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"232 The words and comma \"The Metropolitan Magistrate, or any\" were substituted, for the word and comma \"Any,\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"233 The words \"The Chief Metropolitan Magistrate\" were substituted, for the words \"the Metropolitan Magistrate\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"234 The words “any Chief Judicial Magistrate” were substituted for the words “any District Magistrate or Sub-divisional Magistrate” by section 64(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"235 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 64(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"236 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"237 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"238 The word “Joint” was substituted for the word “Assistant” by section 65 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"239 The words, comma and figure \"Registration Act, 1908\" were substituted, for the words, comma and figure \"Indian Registration Act, 1877\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"240 The words and comma \"Government, or some officer empowered in this behalf by the Government\" were substituted, for the words and comma \"Central Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"241 Section 196A was inserted by section 5 of the Criminal Law Amendment Act, 1913 ( No. VIII of 1913)",
"242 The words and comma \"Government, or some officer empowered in this behalf by the Government\" were substituted, for the words and comma \"Central Government or the Provincial Government concerned, or some officer empowered in this behalf by either of the two Governments\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"243 The words, commas and letter \"Government, or the Chief Metropolitan Magistrate, or a\" were substituted, for the words and comma \"Government, or a\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"244 The words “or the Chief Metropolitan Magistrate” were omitted by section 66 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"245 Section 196B was inserted by section 49 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"246 The words \" the Chief Metropolitan Magistrate or a District Magistrate\" were substituted, for the letter and words \"a District Magistrate\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance LXXXVI of 1976)",
"247 The words “the Chief Metropolitan Magistrate or” were omitted by section 67 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"248 The words \"previous sanction of the Government\" were substituted, for the words \"previous sanction\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act, (Act No. VIII of 1973)",
"249 Clauses (a) and (b) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"250 The words \"The Government\" were substituted, for the words and commas \"The President or Governor, as the case may be,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"251 Section 199A was inserted by section 53 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"252 Section 199B was inserted by section 4 of the Code of Criminal Procedure (Second Amendment) Act, 1943 (Act No. XXVIII of 1943)",
"253 The words and commas \"upon oath the complainant and such of the witnesses present, if any, as he may consider necessary,\" were substituted for the words and commas \"the complainant and the witnesses present, if any, upon oath,\" by section 11 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"254 The words \"by the complainant or witness so examined\" were substituted, for the words \"by section 2 and Schedule of the complainant\" by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"255 The words \"such examination\" were substituted, for the letter and words \"a Magistrate to examine the complainant\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"256 The words \"such examination\" were substituted, for the words and letter \"the examination of a complainant\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"257 Clause (b) was omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949",
"258 The words and commas \"examined the complainant and witness, if any,\" were substituted, for the words \"examined the complainant\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"259 The words \"re-examine them\" were substituted, for the words \"re-examine the complainant\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"260 The words and figure \"provisions of section 200 have been complied with\" were substituted, for the words and figures \"complainant has been examined on oath under the provisions of section 200\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"261 A colon was substituted, for the full-stop at the end of the first proviso and thereafter a new proviso was added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"262 Second proviso was omitted by section 4 of the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980)",
"263 Proviso was added by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"264 A colon was substituted for the full-stop at the end of sub-section (2A) and thereafter the proviso was added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"265 Sub-section 2(B) was added by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"266 Sub-sections (1A) and (1B) were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"267 Sections 205A, 205B, 205C and 205D were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIV of 1978)",
"268 The words and comma “Chief Metropolitan Magistrate, Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 68(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"269 Section 205CC was inserted by section 6 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"270 The words and comma \"Chief Metropolitan Magistrate,\" were inserted by section 4 of the Code of Criminal Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983)",
"271 The words “or Chief Judicial Magistrate” were substituted for the words “District Magistrate or the Additional District Magistrate” by section 68(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"272 The words and commas \"Chief Metropolitan Magistrate or, as the case may be, District Magistrate\" were substituted, for the words \"District Magistrate\" by section 4 of the Code of Criminal Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983)",
"273 The words \" Chief Judicial Magistrate\" were substituted for the words \" District Magistrate\" by section 68 of the Code of Criminal Procedure (Amendment ) Ordinance, 2007 (Ordinance No. 2 of 2007).",
"274 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 68(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"275 The words “Chief Judicial Magistrate or the Chief Metropolitan Magistrate” were substituted for the words “District Magistrate” by section 68(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"276 The words and comma “Additional Chief Metropolitan Magistrate or, Additional Chief Judicial Magistrate” were substituted for the words “Additional District Magistrate” by section 68(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"277 The commas and words \", or, in the case of trials before the Court of Session or High Court Division, before the verdict of the jury is returned or the opinions of the assessors are expressed\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"278 The words and figure \"section 226 or\" omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"279 The words \"or local\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973, (Act No. VIII of 1973)",
"280 The word \"cases\" was substituted, for the words \"summons-cases\" by section 15 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"281 Section 241A was inserted by section 7 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"282 Section 242 was substituted, for the former section 242 by section 16 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"283 The words and commas \"If, after such consideration and hearing as aforesaid, the Magistrate is of opinion that there is ground for presuming that the accused has committed as offence, the Magistrate shall frame a formal charge\" were substituted, for the words and comma \"When the accused appears or is brought before the Magistrate, a formal charge shall be framed\" by section 8 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"284 The words \"with which he is charged\" were substituted, for the words \"of which he is accused\" by section 17 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"285 The words and figure “section 562” were omitted by section 69 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"286 The letter and words \"a Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"287 The words and comma “Chief Judicial Magistrate, any other Judicial Magistrate” were substituted for the words and comma “District Magistrate, any other Magistrate” by section 70 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"288 The words \"one thousand taka\" were substituted, for the words \"one hundred taka\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"289 The words \"five hundred taka\" were substituted, for the words \"fifty taka\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"290 The words \"one hundred taka\" were substituted, for the words \"fifty taka\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"291 Sub-section (5) was added by section 20 of the Code of Criminal Procedure (Second Amendment) Ordinance, (Ordinance No. XXIV of 1982)",
"292 Clause (a) was substituted, for clause (a) by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"293 The words “or the District Magistrate” were omitted by section 71(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"294 The words \"any Metropolitan Magistrate or Magistrate\" were substituted, for the words \"any Magistrate\" by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"295 The words \"Metropolitan Magistrate or\" were omitted by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)",
"296 The words “specially empowered in this behalf by the Government” were omitted by section 71(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"297 The words “and specially empowered in this behalf by the Government” were omitted by section 71(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"298 The word \"shall\" was substituted, for the words and commas \"may, if he or they think fit,\" by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"299 The words \"two years\" were substituted, for the words \"one year\" by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"300 The words \"ten thousand taka\" were substituted, for the words \"five hundred taka\" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"301 The words \"ten thousand taka\" were substituted, for the words \"five hundred taka\" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"302 The words \"ten thousand taka\" were substituted, for the words \"five hundred taka\" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"303 The words \"ten thousand taka\" were substituted, for the words \"five hundred taka\" by section 9 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"304 The words and figures \"section 426 and 427\" were substituted, for the word and figure \"section 427\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"305 The words, figure and commas \"criminal trespass, under section 447, and\" were inserted before the words \"house-trespass\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"306 The words and figure \"and offences under sections 509 and 510\" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"307 Sub-clause (jj) was substituted, for sub-clause (jj) by section 2 of the Code of Criminal Procedure (Amendment) Act, 1992 (Act No. III of 1992)",
"308 The figure \"33A\" was substituted, for the figure \"34\" by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"309 The marginal heading was substituted, for the former marginal heading by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"310 The words and figure \"in Chapter XX\" were substituted, for the words \"or summons-cases\" by section 23 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"311 The words and commas \"in summons cases, and the procedure prescribed for warrant-cases shall be followed in warrant cases,\" were omitted by section 2, Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"312 The words \"two years\" were substituted, for the words \"three months\" by section 23 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"313 The words and figure \"and memorandum of the substance of the evidence as required by section 355\" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"314 The CHAPTER XXIII was substituted, for CHAPTER XXIII by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"315 The words \"High Court Division or\" were omitted by section 2 and Schedule of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"316 The words “a Metropolitan Magistrate” were substituted for the words and commas “the District Magistrate, a Metropolitan Magistrate, a Sub-divisional Magistrate” by section 72(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"317 The words “Chief Judicial Magistrate shall” were substituted for the words “District Magistrate shall” by section 72(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"318 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 72(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"319 The words and comma \"or High Court Division, as the case may be\" were omitted, by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"320 The words and comma \"before the judgment is passed, the Court of Session trying the case\" were substituted, for the words and comma \"after commitment, but before judgment is passed, the Court to which the commitment is made\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"321 The words \"the committing Magistrate or\" were omitted, by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"322 The words “or the Chief Metropolitan Magistrate or the Chief Judicial Magistrate” were substituted for the words “or the District Magistrate” by section 73 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"323 The word \"Trial\" was substituted, for the word \"Commitment\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"324 Section 339A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"325 The words \"High Court Division or\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"326 The words, figures, comma and brackets \"section 265D, sub-section (2)\" were substituted, for the words, comma and brackets \"section 271, sub-section (1)\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"327 The words and commas \"the jury, or the Court with the aid of assessors, or the Magistrate, as the case may be,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"328 Sections 339B and 339C were inserted by section 24 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"329 sub-section (1) was substituted, for sub-section (1) by the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 10",
"330 The words \"published in at least two national daily Bengali Newspapers having wide circulation\" were substituted, for the words and comma \"notified in the official Gazette, and also published in at least one Bengali daily Newspaper\" by section 6 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"331 The words \"one hundred and eighty days\" were substituted, for the words \"one hundred and twenty days\" by section 3 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992)",
"332 The words \"received by him\" were substituted, for the words and comma \"taken cognizance of, or received by him\" by section 11 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"333 The words \"three hundred and sixty days\" were substituted, for the words \"two hundred and forty days\" by section 3 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992)",
"334 Sub-section (2A) was inserted by section 11 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"335 Sub-section (2B) was inserted by section 7 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"336 Sub-section (4) was substituted, for the former sub-section (4) by section 3 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992)",
"337 Sub-section (5) was substituted, for the former sub-section (5) by section 2 of the Code of Criminal Procedure (Amendment) Ordinance, 1985 (Ordinance No. XXIX of 1985)",
"338 Sub-section (6) was substituted, for the former sub-section (6) by section 7 of the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991)",
"339 Clause (a) was omitted by section 7 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992)",
"340 Sub-section (3) was added by section 2 and Schedule of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"341 The words \"proceedings result\" were substituted, for the words and comma \"inquiry result in a commitment, or if such trial results\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"342 The words and brackets \"and the jury (if any)\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"343 Sections 147 and 148 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"344 Section 336 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"345 Section 344 and the entries relating thereto were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"346 Sections 347 and 348 and the entries relating thereto were inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"347 Section 354 and the entries relating thereto were inserted by Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"348 Section 356 and the entries relating thereto were inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"349 Sections 379 and 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"350 The comma and the words \", where the value of the property stolen does not exceed taka five hundred\" were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"351 Section 380 and the entries relating thereto was inserted by section 2 and Schedule of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"352 Sections 381 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"353 The comma and the words \", where the value of the property stolen does not exceed taka five hundred\" were omitted by section 12 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"354 Sections 406, 407, 408, 411 and 414 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"355 The comma and the words \", where the value of the property does not exceed taka five thousand\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"356 The comma and the words \", where the value of the property does not exceed taka five thousand\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"357 The comma and the words \", where the value of the property does not exceed taka five thousand\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"358 The comma and the words \", where the value of the property does not exceed taka five thousand\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"359 The comma and the words \", where the value of the stolen property does not exceed taka five hundred\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"360 Sections 421, 422, 423, 424, 428 and 429 and the entries relating thereto were inserted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"361 The words \"of the value or taka ten or upwards\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"362 The comma and words \", of any value or any other animal of the value of taka fifty or upwards\" were omitted by section 12 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"363 Section 493 and the entries relating thereto was inserted by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"364 Section 511 and the entries relating thereto was added by section 25 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"365 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"366 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"367 The word \"Provincial\" in the marginal heading was omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"368 The words \" Chief Judicial Magistrate\" were substituted for the word \" Magistrate\" by section 74 of the Code of Criminal Procedure (Amendment ) Ordinance, 2007 (Ordinance No. 2 of 2007).",
"369 The words “Chief Judicial Magistrate” were substituted for the word “Magistrate” by section 74 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"370 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"371 The words “Chief Judicial Magistrate” were substituted for the word “Magistrate” by section 74 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"372 The words \" Chief Judicial Magistrate\" were substituted for the word \" Magistrate\" by section 74 of the Code of Criminal Procedure (Amendment ) Ordinance, 2007 (Ordinance No. 2 of 2007).",
"373 The words “Chief Judicial Magistrate” were substituted for the word “Magistrate” by section 74 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"374 The words “Chief Judicial Magistrate” were substituted for the word “Magistrate” by section 74 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"375 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"376 Section 347 was substituted, for section 347 by section 5 of the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980)",
"377 The word \"sending\" was substituted, for the word \"committing\" by section 2 and Schedule of the Law Reform Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"378 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"379 The words and comma \"or High Court Division, as the case may be\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"380 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"381 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"382 The words \"or High Court Division\" were omitted, by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"383 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"384 The word, figure and letter \"section 241A\" were substituted, for the words, figures, letters and comma \"section 250B or section 250H, as the case may be\" by section 13 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"385 The words “Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate” were substituted for the words “District Magistrate or Sub-divisional Magistrate” by section 75(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"386 The words “Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate” were substituted for the words “District Magistrate or Sub-divisional Magistrate” by section 75(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"387 Section 349A was inserted by section 14 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"388 Section 350A was inserted by section 94 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"389 The words, figures and commas “sections 15 and 16 or, as the case may be, section 19 and 21” were substituted for the words and figures “sections 15 and 16” by section 76 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"390 The words \"or commitment\" in the marginal heading were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"391 The proviso was substituted, for the original proviso by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"392 The words and figure \"in the course of an inquiry under Chapter XVIII or\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"393 The figure and comma \"XVIII,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"394 The figure and comma \"XXI,\" were omitted by section 26 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"395 The words \"in summons-cases and\" were omitted by section 27 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"396 The words and figures \"In cases tried under Chapter XX or Chapter XXII\" were substituted, for the words, figures, brackets, letters and commas \"In summons-cases tried before a Magistrate and in the cases of the offences mentioned in sub-section (1) of section 260, clauses (b) to (m), both inclusive, when tried\" by section 27 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"397 The word and figure \"Chapter XII\" were substituted, for the words and figures \"Chapters XII and XVIII\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"398 The words \"The Supreme Court\" were substituted, for the words \"Every High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"399 Sub-section (5) was substituted, for sub-section (5) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"400 The words \"transportation for life\" construed as a reference to \"imprisonment for life\" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"401 The words and commas \"or, in the case of the High Court Division, by the Letters Patent of such High Court Division\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"402 The words and figure \"case under Chapter XX\" were substituted, for the word \"summons-case\" by section 28 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"403 The words and commas “Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, and District Magistrate” were substituted for the words “District Magistrate” by section 77 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"404 Sub-section (2) was substituted, for sub-section (2) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"405 The words and comma \"whether tried with the aid of assessors or by jury,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"406 The words \"transportation for life\" construed as a reference to \"imprisonment for life\" by section 3 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)",
"407 The words \"or Chief Metropolitan Magistrate\" were inserted by section 2 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"408 The word \"transportation\" construed as a reference to \"imprisonment for life\" by section 3 of the Penal Code (Amendment) Ordinance, 1985, (Ordinance No. XLI of 1985)",
"409 The words \"or of the Central Government when such right is delegated to it\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"410 The words and commas \"or, in virtue of any power delegated to it, by the Central Government\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"411 Section 402A was inserted by the Government of India (Adaptation of Indian Laws) Order, 1937",
"412 The words \"or the discharge of the accused\" were substituted, for the commas, words and figure \", the discharge of the accused or any entry made upon a charge under section 273,\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"413 The first proviso was omitted by section 78(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"414 The word “further” of the second proviso was omitted by section 78(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"415 Section 406A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"416 Clauses (a), (b) and (c) were substituted, for clauses (b) and (c) by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"417 The words “or the Chief Judicial Magistrate” after the words “Chief Metropolitan Magistrate” were substituted by section 79(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"418 The words and comma “whether Executive or Judicial,” were inserted after the word and comma “Magistrate,” by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"419 The full stop “.” after the words “District Magistrate” were omitted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"420 The words and full stop “or the Chief Judicial Magistrate.” were inserted by section 79(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"421 Section 407 was substituted by section 80 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"422 Section 408 was substituted by section 80 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"423 The words and comma \"the High Court Division,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"424 The words \"or any Metropolitan Magistrate\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"425 The words and letter \"the High Court Division passes a sentence of imprisonment not exceeding six months only or of fine not exceeding two hundred Taka only or in which\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"426 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 81 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"427 The words \"or Metropolitan Magistrate\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"428 Section 415A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act XVIII of 1923)",
"429 Sections 417, 417A and 418 were substituted, for the original sections 417 and 418 by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"430 Sub-section (1) was substituted for sub-section (1) by section 5 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1983 (Ordinance No. XXXVII of 1983)",
"431 Sub-section (2) was substituted for sub-section (2) by section 3 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)",
"432 The words and letter \"or a Court of Session\" were inserted by section 3 of the Code of Criminal Procedure (Amendment) Act, 2000 (Act No. XLI of 2000)",
"433 The commas, words and figure \", and, in cases tried by a jury, a copy of the heads of the charge recorded under section 367\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"434 The words, figures, comma and brackets \"section 411A, sub-section (2) or\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"435 The words, figures, comma and brackets \"section 411A, sub-section (2) or\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"436 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"437 The word \"sent\" was substituted, for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"438 Clause (bb) was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"439 A colon was substituted for the full-stop at the end of clause (d) and thereafter the provisos were added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"440 Section (1) was substituted for Sub-section (1) by section 82 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"441 The words \"is sentenced to imprisonment for a term not exceeding one year\" were substituted for the words \"other than a person accused of a non-bailable offence is sentenced to imprisonment\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"442 The words \"Appellate Division of the Supreme Court\" were substituted for the words \"Supreme Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"443 The words, figures and commas \"section 417 or section 417A, the High Court Division or any other Appellate Court, as the case may be,\" were substituted for the words, figures, commas and brackets \"section 411A, sub-section (2), or section 417, the High Court Division\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"444 The semi-colon and words \"; but such evidence shall not be taken in the presence of jurors or assessors\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"445 The comma, word and figure \", section 417A\" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"446 The words and figures \"section 417 or section 417A\" were substituted, for the words, figures, commas and brackets \"section 411A, sub-section (2), or section 417\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"447 The words and comma “Chief Metropolitan Magistrate or District Magistrate, or any Sub-divisional Magistrate empowered by Government in this behalf” were omitted by section 83(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"448 The words and comma “Chief Metropolitan Magistrate or District Magistrate, or any Sub-divisional Magistrate empowered by Government in this behalf” were omitted by section 83(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"449 The words \"to the Chief Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"450 Sub-section (2) was omitted by section 83(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"451 Sub-section (4) was omitted by section 83(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"452 The words \"Chief Metropolitan Magistrate\" were substituted, for the words \"District Magistrate\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"453 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 84 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"454 The words \"Chief Metropolitan Magistrate\" were substituted, for the words \"District Magistrate\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"455 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 84 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"456 Section 438 was omitted by section 85 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"457 The words and figure \"acting otherwise than under section 34\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"458 The letter and words \"a Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"459 Sub-section (4) was substituted for sub-section (4) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"460 Section 439A was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"461 CHAPTER XXXIIA was inserted by section 30 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982(Ordinance No. XXXIV of 1982)",
"462 The words \"ninety days\" were substituted, for the words \"sixty days\" by section 16 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"463 The words \"service of notice upon respondents\" were substituted, for the words \"admission of the appeal\" by the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"464 The words \"ninety days\" were substituted, for the words \"sixty days\" by section 16 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"465 The words \"service of notice upon the parties\" were substituted, for the words \"calling for the records by it\" by the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)",
"466 Sub-section (3) was added by section 6 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1983 (Ordinance No. XXXVII of 1983)",
"467 Sub-section (IA) was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"468 Section 465 was substituted, for section 465 by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"469 The words and commas \"or, as the case may be, the court is satisfied from the evidence given before him or it\" were substituted for the words \"is satisfied from the evidence given before him\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"470 The words and commas \"or, as the case may be, the Court shall proceed with the case\" were substituted, for the words \"shall proceed with the case, and, if accused ought to be committed to the Court of Session or High Court Division, send him for trial before the Court of Session or High Court Division, as the case may be\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"471 The words \"the Government\" were substituted for the words \"such Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"472 Sections 476, 476A and 476B were substituted, for section 476 by section 128 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"473 Paragraph was added by section 60 and Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"474 Sub-section (2) was substituted, for the former sub-section (2) by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"475 The words, comma and figure \"Registration Act, 1908\" were substituted for the words, comma and figure \"Indian Registration Act, 1877\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"476 Section 485A was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"477 The words and figure \"or section 485A\" were inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"478 The comma, word and figures \", 485 and 485A\" were substituted for the word and figure \"and 485\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"479 The words \"the Supreme Court\" were substituted, for the words \"the High Court Division\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"480 Sections 488, 489 and 490 were omitted by section 86 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"481 Clause (f) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"482 The words \"Supreme Court\" were substituted for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"483 Sub-section (3) was substituted for sub-section (3) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"484 The words \"The Chief Metropolitan Magistrate or the\" were substituted for the comma and word \", the\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"485 The words “District Magistrate” were substituted for the words and commas “Chief Metropolitan Magistrate or the District Magistrate, or subject to the control of the District Magistrate, the Sub-divisional Magistrate” by section 87 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"486 The words and comma \"in cases tried by jury before the return of the verdict, and in other cases\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"487 The words \"Attorney-General\" were substituted, for the words and comma \"Advocate-General, standing Counsel\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973, (Act No. VIII of 1973)",
"488 The letter and words \"a Metropolitan Magistrate\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"489 The words “a Chief Judicial Magistrate” were substituted for the words “a District Magistrate” by section 88(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"490 The words “Chief Metropolitan Magistrate or Chief Judicial Magistrate” were substituted for the words “or Magistrate of the first class” by section 88(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"491 The words “Chief Metropolitan Magistrate or the Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 88(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (wit h effect from 1st November, 2007).",
"492 The words “any other Magistrate” were substituted for the words and comma “such Magistrate, of the first class” by section 88(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"493 The letter \"a\" was substituted, for the word \"Dacca\" by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No IV of 1980)",
"494 Section 504 was inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"495 The words \"Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"496 The words “Chief Metropolitan Magistrate or Chief Judicial Magistrate” were substituted for the words “Metropolitan Magistrate or District Magistrate” by section 89(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"497 The words and comma “such Magistrate shall apply to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, to whom he is subordinate” were substituted for the words “such Magistrate shall apply to the District Magistrate” by section 89(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"498 The words “and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate” were substituted for the words “and the District Magistrate” by section 89(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"499 Section 508A was inserted by section 3 of the Code of Criminal Procedure (Amendment) Act, 1940 (Act No. XXXV of 1940)",
"500 The word and figure \"section 504\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"501 Section 509A was inserted by section 31 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"502 Section 510 was substituted, for section 510 by section 32 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"503 Section 510A was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"504 The words \"or commit for trial\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"505 The commas and words \", on the arrest of such person,\" were omitted by section 33 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982)",
"506 The words \"Metropolitan Magistrate or\" were inserted by Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"507 The words “or Chief Metropolitan Magistrate” were omitted by section 90(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"508 The words and figure “or section 562” were omitted by section 90(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"509 Sections 514A and 514B were inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"510 The words \"Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"511 Section 515 was substituted for section 515 by section 91 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"512 Section 516A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"513 The words \"Chief Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"514 The words “sub-divisional” were omitted by section 92(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"515 The words “District Magistrate” were substituted for the words and comma “Chief Metropolitan Magistrate, District Magistrate or to a Sub-divisional Magistrate” by section 92(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"516 The words \"one month\" were substituted for the words \"six months\" by the Code of Criminal Procedure (Amendment) Order, 1973 (President's Order No. I of 1973), Article 2",
"517 The words and comma “Chief Metropolitan Magistrate, Chief Judicial Magistrate” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, or Sub-divisional Magistrate” by section 93 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"518 Section 525A was inserted by section 7 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1983 (Ordinance No. XXXVII of 1983)",
"519 The figure \"183\" was substituted, for the figure \"184\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"520 The word \"sent\" was substituted for the word \"committed\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"521 The commas, words and figure \", except as provided in section 267,\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"522 The colon was substituted for the full stop at the end of sub-section (3) and thereafter the proviso was added by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"523 The words \"Attorney-General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"524 The words \"one thousand taka\" were substituted, for the words \"two hundred and fifty taka\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"525 The words and figure \"or Chapter XVIII\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"526 Section 526B was inserted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"527 The word “Joint” was substituted for the word “Assistant” by section 94(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"528 The words “Chief Judicial Magistrate or District Magistrate” were substituted for the words “any District Magistrate or Sub-divisional Magistrate” by section 94(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"529 The words “with the approval of the High Court Division” were inserted after the words “The Government” by section 94(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"530 The words “Chief Metropolitan Magistrate or the Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 94(c) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"531 The word “sub-division” was omitted by section 95 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"532 Clause (b) was repealed by section 148 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"533 Clauses (c) and (d) were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"534 The commas and words \", or Any Commissioner to administer oaths in England or Ireland, or any Magistrate authorized to take affidavits or affirmations in Scotland\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"535 Sections 539A and 539B were inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"536 Proviso was omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"537 The words \"an advocate\" were substituted, for the letter and word \"a pleader\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"538 The words \"an advocate\" were substituted, for the letter and word \"a pleader\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"539 The word and figure \"section 58\" were substituted for the word and figure \"section 342\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"540 The words, comma and figure \"Code of Criminal Procedure, 1908\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"541 The word and figure \"section 58\" were substituted, for the word and figure \"section 341\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"542 The words, comma and figure \"Code of Criminal Procedure, 1908\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"543 Section 546A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"544 The words \"the Judge's charge to the jury or of\" were omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance XLIX of 1978)",
"545 The words \"Metropolitan Magistrate or\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"546 The words “or a Magistrate of the first class” were inserted after the words “Metropolitan Magistrate” by section 96 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"547 The words and comma \"Government, the Supreme Court\" were substituted, for the words and comma \"Government, any High Court Division\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"548 The words \"The Supreme Court\" were substituted, for the words \"Every High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"549 The words and figure \"article 107 of the Constitution of the People's Republic of Bangladesh\" were substituted, for the words and figures \"Article 101 and 102 of the Constitution\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"550 The words \"or commit for trial\" were omitted by section 2 and Scheduleof the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"551 The word \"it\" was substituted, for the words and comma \"it, other than the Supreme Court\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"552 The words “the Chief Judicial Magistrate or the District Magistrate” were substituted for the words “as the case may be” by section 97 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"553 The words and commas \"the Chief Metropolitan Magistrate or, as the case may be, the District Magistrate\" were substituted, for the words \"the District Magistrate\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"554 Section 561A was inserted by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923)",
"555 The words and letter \"except the Chief Metropolitan Magistrate or a\" were substituted, for the word and letter \"except a\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"556 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 98(a) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"557 The word \"send\" was substituted, for the word \"commit\" by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"558 The words and letter \"if the Chief Metropolitan Magistrate or a\" were substituted, for the word \"if a\" by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"559 The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section 98(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).",
"560 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"561 The words \"Metropolitan Magistrate\" were inserted by the Schedule of the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976)",
"562 The words and comma “District Magistrate, Sub-divisional Magistrate” were omitted by section 99 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007)."
],
"name": "The Code of Criminal Procedure, 1898",
"num_of_sections": 585,
"published_date": "22nd March, 1898",
"related_act": [
256,
11,
22,
24,
430,
302,
437,
310,
56,
57,
58,
59,
60,
61,
62,
63,
64,
65,
578,
579,
73,
75,
86,
90,
479,
96,
354,
248
],
"repelled": false,
"sections": [
{
"act_id": 75,
"details": "1.(1) This Act may be called the Code of Criminal Procedure, 1898; and it shall come into force on the first day of July, 1898.",
"name": "Short title\tCommencement",
"related_acts": "75",
"section_id": 1
},
{
"act_id": 75,
"details": "(2)\tIt extends to the whole of Bangladesh; but, in the absence of any specific provision to the contrary, nothing herein contained shall affect any special 2* * * law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.",
"name": "Extent",
"related_acts": "",
"section_id": 2
},
{
"act_id": 75,
"details": "2.\tRepealed by the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 75,
"details": "3.(1) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "(1) Omitted",
"related_acts": "430",
"section_id": 4
},
{
"act_id": 75,
"details": "(2) In every enactment passed before this Code comes into force the expressions \"Officer exercising (or 'having') the powers (or 'the full powers') of a Magistrate,\" \"Subordinate Magistrate, first class,\" and \"Subordinate Magistrate, second class,\" shall respectively be deemed to mean \"Magistrate of the first class,\" \"Magistrate of the second class\" and \"Magistrate of the third class,\" 3*** the expression \"Magistrate of the district\" shall be deemed to mean \"District Magistrate,\" 4***.",
"name": "(2) Expressions in former Acts",
"related_acts": "",
"section_id": 5
},
{
"act_id": 75,
"details": "(2)\tWords which refer to acts done, extend also to illegal omissions; and",
"name": "Words referring to acts",
"related_acts": "",
"section_id": 6
},
{
"act_id": 75,
"details": "all words and expressions used herein and defined in the Penal Code, and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that Code.",
"name": "Words to have same meaning as in Penal Code",
"related_acts": "",
"section_id": 7
},
{
"act_id": 75,
"details": "4.(1) In this Code the following words and expressions have the following meanings, unless a different intention appears from the subject or context:- 5(a) \"advocate\", used with reference to any proceeding in any Court, means an advocate or a mukhtar authorised under any law for the time being in force to practise in any such Court and includes any other person appointed with the permission of the Court to act in such proceeding; (aa) \"Attorney-General\" means the Attorney-General for Bangladesh, and includes also the Additional Attorney-General, the Deputy Attorney-General or the Assistant Attorney-General for Bangladesh, or, a Government advocate or such officer as the Government may, from time to time, appoint in this behalf: (b) \"bailable offence\" means an offence shown as bailable in the second schedule, or which is made bailable by any other law for the time being in force; and \"non-bailable offence\" means any other offence: (c) \"charge\" includes any head of charge when the charge contains more heads than one: (d) Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1923 (Act No. XI of 1923). (e) Clerk of the State includes any officer specially appointed by the Chief Justice to discharge the functions given by this Code to the Clerk of the State: (f) \"cognizable offence\" means an offence for, and \"cognizable case\" means a case in, which a Police-officer, may, in accordance with the second schedule or under any law for the time being in force, arrest without warrant: (g) Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949. (h) \"complaint\" means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the report of a police-officer: 6(hh) \"Court of Session\" includes a Metropolitan Court of Session; (i) Omitted by the Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950). 7(j) \"High Court Division\" means the High Court Division for criminal appeal or revision: (k) \"inquiry\" includes every inquiry other than a trial conducted under this Code by a Magistrate or Court: (l) \"investigation\" includes all the proceedings under this Code for the Collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorised by Magistrate in this behalf: (m) \"judicial proceeding\" includes any proceeding in the course of which evidence is or may be legally taken on oath: (n) \"non-cognizable offence\" means an offence for, and \"non-cognizable case\" means a case in, which a police-officer, may not arrest without warrant: (o) \"offence\" means any act or omission made punishable by any law for the time being in force; it also includes any act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871: (p) \"officer in charge of a police-station\" includes, when the officer in charge of the police-station is absent from the station-house or unable from illness or other cause to perform his duties, the police-officer present at the station house who is next in rank to such officer and is above the rank of constable or, when the Government so directs, any other police-officer so present: (q) \"place\" includes also a house, building, tent and vessel: (r) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973): (s) \"police-station\" means any post or place declared, generally or specially, by the Government to be a police-station, and includes any local area specified by the Government in this behalf: (t) \"Public Prosecutor\" means any person appointed under section 492, and includes any person acting under the directions of a Public Prosecutor 8* * *: 9(u)\t\"Upazila\" means a Upazila as defined in the Upazila Parisad Act, 1998 (Act. No. 24 of 1998) (v) and (w) Omitted by section 2 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).",
"name": "Definitions",
"related_acts": "22,430",
"section_id": 8
},
{
"act_id": 75,
"details": "104A. (1) In this Code, unless the context otherwise requires, any reference- (a) without any qualifying word, to a Magistrate, shall be construed as a reference to a Judicial Magistrate; (b) with a qualifying word not being a word clearly indicating a Judicial Magistrate shall be construed as a reference to a Magistrate as indicated in sub-section (2) (b); (c) to a Sub-divisional Magistrate shall be construed as a reference to- (i) the District Magistrate if the functions exercisable are of the nature specified in clause (b) of sub-section (2); or (ii) the Chief Judicial Magistrate or as the case may be, the Chief Metropolitan Magistrate, if the functions exercisable are of the nature specified in clause (a) of sub-section (2); (d) to an Assistant Sessions Judge, shall be construed as a reference to a joint Sessions Judge; (e) to any area which is included in a Metropolitan area, shall be construed as a reference to such Metropolitan area; (f) to any reference to a Magistrate of the first, second or third class in relation to an area which is included in a Metropolitan area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in that area; (g) to a Magistrate of the first, second or third class in relation to an area outside a Metropolitan Area, shall be construed as a reference to a Judicial Magistrate of the first, second or third class exercising jurisdiction in that area. (2) Where, under any law for the time being in force other than this Code, the functions exercisable by a Magistrate relate to matters- (a) which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty of detention in custody pending investigation, inquiry or trial or other proceeding or would have the effect of sending him for trial before any Court, they shall subject to the provision of the Code, be exercisable by a judicial Magistrate; or (b) which are administrative or executive in nature, such as the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.",
"name": "Construction of references.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 75,
"details": "5.(1) All offences under the Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.",
"name": "Trial of offences under Penal Code",
"related_acts": "",
"section_id": 10
},
{
"act_id": 75,
"details": "(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.",
"name": "Trial of offences against other laws",
"related_acts": "",
"section_id": 11
},
{
"act_id": 75,
"details": "116.(1) Besides the Supreme Court and the Courts constituted under any law for the time being in force, other than this Code, there shall be two classes of Criminal Courts in Bangladesh, namely:- (a) Courts of Sessions ; and (b) Courts of Magistrates. (2) There shall be two classes of Magistrate, namely: - (a) Judicial Magistrate; and (b) Executive Magistrate. (3) There shall be four classes of judicial Magistrate, namely: - (a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas; (b) Magistrate of the first class, who shall in Metropolitan area, be known as Metropolitan Magistrate; (c) Magistrate of the second class; and (d) Magistrate of the third class. Explanation: For the purpose of this sub-section, the word \"Chief Metropolitan Magistrate\" and \"Chief judicial Magistrate\" shall include \"Additional Chief Metropolitan Magistrate\" and \"Additional Chief judicial Magistrate\" respectively.",
"name": "Classes of Criminal Courts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 75,
"details": "7.(1) Bangladesh shall consist of sessions divisions: and every sessions division shall, for the purposes of this Code, be a district or consist of districts.",
"name": "Sessions divisions and districts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 75,
"details": "(2) \tThe Government may alter the limits or the number of such divisions and districts.",
"name": "Power to alter divisions and districts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 75,
"details": ".\t(3) \tThe sessions divisions and districts existing when this Code comes into force shall be sessions divisions and districts respectively, unless and until they are so altered. 12(4) 13A Metropolitan Area shall, for the purposes of this Code, be deemed to be a sessions division.",
"name": "Existing divisions and districts maintained till altered",
"related_acts": "",
"section_id": 15
},
{
"act_id": 75,
"details": "148. The Government may divide a district into Upazilas and, by notification in the official Gazette, fix or alter the limits of a Upazila or merge the areas of more than one Upazila into one Upazila and in so fixing, altering or merging, the Government shall ensure that the area of a Upazila is identical with the local area included in a Police Station.",
"name": "Power to divide districts into Upazilas etc",
"related_acts": "",
"section_id": 16
},
{
"act_id": 75,
"details": "(2) All existing sub-divisions which are now usually put under the charge of a Magistrate shall be deemed to have been made under this Code.",
"name": "Existing sub-divisions maintained",
"related_acts": "",
"section_id": 17
},
{
"act_id": 75,
"details": "9.(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court 15; and the Court of Session for 16a Metropolitan Area shall be called the Metropolitan Court of Session. (2) The Government may, by general or special order in the official Gazette, direct at what place or places the Court of Session shall hold its sitting; but, until such order is made, the Courts of Session shall hold their sittings as heretofore. (3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such Courts. 17*** 18(3A) The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional Sessions Judge and Joint Sessions Judge in accordance with the rules framed by the President under the proviso to Article 133 of the constitution to exercise jurisdiction in one or more of such areas. (4) A Sessions Judge of one sessions division may be appointed by the Government to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in either division as the Government may direct. (5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.",
"name": "Court of Sessions",
"related_acts": "",
"section_id": 18
},
{
"act_id": 75,
"details": "1910.(1) In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct. (3) Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the chief executive in the administration of the district, such officer shall, pending the orders of the Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate. (4) The Government may, or subject to the control of the Government, the District Magistrate may, from time to time, by order define local areas within which the Executive Magistrate may exercise all or any of the powers with which they may be invested under this Code and, except as otherwise provided by such definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the district. (5) The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member. (6) Subject to the definition of the local areas under sub-section (4) all persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi Officer in any District or Upazila shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas. (7) Nothing in this section shall preclude the Government from conferring, under any law for the time in force, on a Commissioner of Police, all or any of the powers of an executive Magistrate in relation to a Metropolitan area.",
"name": "Executive Magistrates",
"related_acts": "",
"section_id": 19
},
{
"act_id": 75,
"details": "2011. (1) In every district outside a Metropolitan Area, the Chief Judicial Magistrates, Additional Chief Judicial Magistrates and other Judicial Magistrates shall be appointed from the persons employed in the Bangladesh Judicial service in accordance with the rules framed by the President under the proviso to Article 133 of the constitution. (2) An Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial Magistrate under this Code or any other law for the time being in force, as the Government may direct. 21(2A) The Government may, by general or special order in the official Gazette, direct at what place or places the Court of Chief Judicial Magistrate, Additional Chief Judicial Magistrate and other Judicial Magistrates shall hold its sitting. (3) The Government may, or subject to the general or special orders issued by the Government in consultation with the High Court Division, the Chief Judicial Magistrate may, from time to time, define local areas within which the Judicial Magistrates may exercise all or any of the powers with which they may be invested under this Code, and except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. (4) Notwithstanding anything contained in this section, the Government may require any Executive Magistrate to perform the functions of a Judicial Magistrate for a period to be determined in consultation with the High Court Division and during such period, the Magistrate shall not perform the functions of an Executive Magistrate.",
"name": "Judicial Magistrates",
"related_acts": "",
"section_id": 20
},
{
"act_id": 75,
"details": "2212. (1) The Government may confer upon any person all or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any local area outside a Metropolitan area: Provided that no power shall be conferred under the sub-section on any police officer below the grade of an Assistant Superintendent of Police and no powers shall be conferred on a such police officer except so far as may be necessary for preserving the peace, preventing crime and detecting apprehending and detaining offenders, in order to bring the offender before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force. (2) The persons on whom the powers under sub-section (1) are conferred shall be called Special Executive Magistrates and shall be appointed for such term as the Government may by general or special order direct. (3) The Government may, in consultation with the High Court Division confer upon any Magistrate all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first, second or third class in respect of particular cases or a particular class or classes of cases or in regard to cases generally in any local area outside a Metropolitan area. (4) The Magistrate on whom the powers under sub-section (3) are conferred shall be called Special Magistrates and shall be appointed for such term as the Government may, in consultation with the High Court Division, by general or special order direct. (5) The Government may in consultation with the High Court Division confer upon any Metropolitan Magistrate all or any of the powers conferred or conferrable by or under this Code on Metropolitan Magistrate in respect of particular cases or a particular class or classes, or in regard to cases generally in any Metropolitan Area. (6) The persons on whom the powers under sub-section (5) are conferred shall be called Special Metropolitan Magistrates and shall be appointed for such term as the Government may in consultation with High Court Division by general or special order direct.",
"name": "Special Magistrate",
"related_acts": "",
"section_id": 21
},
{
"act_id": 75,
"details": "15.(1) The Government may direct any two or more Magistrates in any place 23outside 24a Metropolitan Area to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or, such classes of cases only, and within such local limits, as the Government thinks fit.",
"name": "Benches of Magistrates",
"related_acts": "",
"section_id": 22
},
{
"act_id": 75,
"details": "(2) Except as otherwise provided by any order under this section, every such Bench shall have the powers conferred by this Code on a Magistrate of the highest class to which any one of its members, who is present taking part in the proceedings as a member of the Bench, belongs, and as far as practicable shall, for the purposes of this Code, be deemed to be a Magistrate of such class.",
"name": "Powers exercisable by Bench in absence of special direction",
"related_acts": "",
"section_id": 23
},
{
"act_id": 75,
"details": "16. \tThe Government may, or, subject to the control of the Government, the 25Chief Judicial Magistrate may, from time to time, make rules consistent with this Code for the guidance of Magistrates' Benches in any district respecting the following subjects:- (a) \tthe classes of cases to be tried; (b) \tthe times and places of sitting; (c) \tthe constitution of the Bench for conducting trials; (d) \tthe mode of settling differences of opinion which may arise between the Magistrates in session.",
"name": "Power to frame rules for guidance of Benches",
"related_acts": "",
"section_id": 24
},
{
"act_id": 75,
"details": "2617. (1) All Executive Magistrate appointed under section 10 and 12 (1) shall be subordinate to the District Magistrate who, from time to time, give special \torder consistent with this Code as to the distribution of business among such Magistrates. (2) All Judicial Magistrates appointed under section 11 and 12 (3) and all Benches constituted under section 15 shall be subordinate to the Chief Judicial Magistrate who may, from time to time give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution of business among Magistrates and Benches. (3) All Metropolitan Magistrates including Additional Chief Metropolitan Magistrate, and Special Metropolitan Magistrate appointed under section 12 (5) and Benches constituted under section 19, shall be subordinate to the chief Metropolitan Magistrate, who may, from time to time, give special orders consistent with this Code and rules made by the Government under section 16 as to the distribution of business among such Magistrates and Benches. (4) All Judicial Magistrates including the Chief Judicial Magistrate shall be subordinate to the Sessions Judge and all Metropolitan Magistrates including the Chief Metropolitan Magistrate shall be subordinate to the Metropolitan Sessions Judge.",
"name": "Subordination of Executive,Judicial and Metropolitan Magistrates.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 75,
"details": "2717A. (1) All Joint Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the Sessions Judge may, from time to time, make rules or give special orders consistent with this Code as the distribution of business among such joint Sessions Judges. (2)The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an \tAdditional or Joint Sessions Judge and such Judge shall have jurisdiction to deal with any such application.",
"name": "Subordination of Joint Sessions Judges",
"related_acts": "",
"section_id": 26
},
{
"act_id": 75,
"details": "18. 28(1) In every Metropolitan Area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be appointed from among the persons employed in the Bangladesh judicial Service. (2) The Government may appoint one or more Additional Chief Metropolitan Magistrates, and such Additional Chief Metropolitan Magistrates shall have all or any of the powers of the Chief Metropolitan Magistrate under this Code or under any other law for the time being in force, as the Government may direct. 29***",
"name": "Appointment of Metropolitan Magistrates",
"related_acts": "",
"section_id": 27
},
{
"act_id": 75,
"details": "19.\tAny two or more of Metropolitan Magistrates may, subject to the rules made by the Chief Metropolitan Magistrate, sit together as Bench.",
"name": "Benches",
"related_acts": "",
"section_id": 28
},
{
"act_id": 75,
"details": "20.\tEvery Metropolitan Magistrate shall exercise juris-diction in all places within 30a Metropolitan Area for which he is appointed.",
"name": "Local limits of jurisdiction",
"related_acts": "",
"section_id": 29
},
{
"act_id": 75,
"details": "21.(1) The Chief Metropolitan Magistrate shall exercise within the local limits of his jurisdiction all the powers 31conferred on him or on a Metropolitan Magistrate under this Code, or under any law for the time being in force and may, from time to time, with the previous sanction of the Government, make rules consistent with this Code to regulate- (a) \tthe conduct and distribution of business and the practice in the Courts of Metropolitan Magistrates; (b) \tthe constitution of Benches of Metropolitan Magistrates; (c) \tthe times and places at which such Benches shall sit; (d) \tthe mode of settling differences of opinion which may arise between Metropolitan Magistrates in session; and (e) \tany other matter which could be dealt with by a 32Chief Judicial Magistrate under his general powers of control over the Magistrates subordinate to him. 33 ***",
"name": "Chief Metropolitan Magistrate",
"related_acts": "",
"section_id": 30
},
{
"act_id": 75,
"details": "22.\t 34The Government may, by notification in the official Gazette, appoint such persons resident within Bangladesh and not being the subjects of any foreign State as it thinks fit to be Justices of the Peace within and for the local area mentioned in such notification.",
"name": "Justice of the peace for the mafassal",
"related_acts": "",
"section_id": 31
},
{
"act_id": 75,
"details": "23 and 24.\tRepealed by section 4 of the Criminal Law Amendment Act, 1923 (Act No. XII of 1923).",
"name": "Repealed",
"related_acts": "",
"section_id": 32
},
{
"act_id": 75,
"details": "25. In virtue of their respective offices, the Judges of the 35Supreme Court are Justices of the Peace within and for of the whole of Bangladesh, Sessions Judges, 36Chief Judicial Magistrate and Metropolitan Magistrates are Justices of the Peace within 37their respective jurisdictions.",
"name": "Ex-officio Justices of the Peace.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 75,
"details": "26 and 27.\tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 34
},
{
"act_id": 75,
"details": "28.\tSubject to the other provisions of this Code any offence under the Penal Code may be tried- (a)\tby the High Court Division, or (b)\tby the Court of Session, or (c) \tby any other Court by which such offence is shown in the eighth column of the second schedule to be triable. Illustration A is 38tried by the Sessions Court on a charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate.",
"name": "Offences under Penal Code",
"related_acts": "",
"section_id": 35
},
{
"act_id": 75,
"details": "29.(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court. (2) When no Court is so mentioned, it may be tried 39* * * subject as aforesaid by any Court constituted under this Code by which such offence is shown in the eighth column of the second schedule to be triable.",
"name": "Offences under other laws",
"related_acts": "",
"section_id": 36
},
{
"act_id": 75,
"details": "29A. Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 37
},
{
"act_id": 75,
"details": "4029B. Any offence, other than one punishable with death or transportation for life, committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years, may be tried by 41Chief Judicial Magistrate 42or the Chief Metropolitan Magistrate, or by any Magistrate specially empowered by the Government to exercise the powers conferred by 43or under any law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby.",
"name": "Jurisdiction in the case of juveniles",
"related_acts": "",
"section_id": 38
},
{
"act_id": 75,
"details": "4429C. Notwithstanding anything contained in section 29, the Government may 45in consultation with the High Court Division- (a) invest the 46Chief Metropolitan Magistrate, 47Chief Judicial Magistrate or any Additional Chief Judicial Magistrate with power to try as a Magistrate all offences not punishable with death; (b) invest 48Metropolition Magistrate or any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with transportation or with imprisonment for a term exceeding ten years.",
"name": "Offences not punishable with death",
"related_acts": "",
"section_id": 39
},
{
"act_id": 75,
"details": "30.\t Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 40
},
{
"act_id": 75,
"details": "31.(1) 49The High Court Division may pass any sentence authorized by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court Division. (3) A 50Joint Sessions Judge may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding 51ten years or of imprisonment for a term exceeding 252ten years. 53***",
"name": "Sentences which High Court Division and Sessions Judges may pass",
"related_acts": "",
"section_id": 41
},
{
"act_id": 75,
"details": "32.(1) The Courts of Magistrates may pass the following sentences namely:- (a) \tCourts 54of Metropolitan Magistrates and of Magistrates of the first class:\tImprisonment for a term not exceeding 55five years, including such solitary confinement as is authorized by law; Fine not exceeding 56ten thousand taka; Whipping. (b) \tCourts of Magistrates of the second class:\tImprisonment for a term not exceeding 57three years, including such solitary confinement as is authorized by law; Fine not exceeding 58five thousand taka; (c) \tCourts of Magistrates of the third class:\tImprisonment for a term not exceeding 59two year; Fine not exceeding 60two thousand taka. (2) The Court of any Magistrate may pass any lawful sentence, combining any of the sentences which it is authorized by law to pass.",
"name": "Sentences which Magistrates may pass",
"related_acts": "",
"section_id": 42
},
{
"act_id": 75,
"details": "33.(1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in case of such default:",
"name": "Power of Magistrates to sentence to imprisonment in default of fine",
"related_acts": "",
"section_id": 43
},
{
"act_id": 75,
"details": "6133A. The Court of a Magistrate, specially empowered under section 29C, may pass any sentence authorized by law, except a sentence of death or of transportation or imprisonment for a term exceeding seven years.",
"name": "Higher powers of certain Magistrates",
"related_acts": "",
"section_id": 44
},
{
"act_id": 75,
"details": "Provided that- (a) \tthe term is not in excess of the Magistrate's powers under this Code; (b) \tin any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) \tThe imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.",
"name": "Proviso as to certain cases",
"related_acts": "",
"section_id": 45
},
{
"act_id": 75,
"details": "34.\tOmitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 46
},
{
"act_id": 75,
"details": "34A. Omitted by Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 47
},
{
"act_id": 75,
"details": "35.(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Penal Code sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments, when consisting of imprisonment or transportation to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. (2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided as follows:- (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; (b) if the case is tried by a Magistrate 62* * *, the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict. (3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.",
"name": "Sentence in cases of conviction of several offences at one trial Maximum term of punishment",
"related_acts": "",
"section_id": 48
},
{
"act_id": 75,
"details": "6335A.(1) Except in the case of an offence punishable only with death, when any court finds an accused guilty of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence. (2) If the total period of custody prior to conviction referred to in sub-section (1) is longer than the period of imprisonment to which the accused is sentenced, the accused shall be deemed to have served out the sentence of imprisonment and shall be released at once, if in custody, unless required to be detained in connection with any other offence; and if the accused is also sentenced to pay any fine in addition to such sentence, the fine shall stand remitted.",
"name": "Deduction of imprisonment in cases where convicts may have been in custody",
"related_acts": "",
"section_id": 49
},
{
"act_id": 75,
"details": "36. All 64Judicial and Executive Magistrate have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their \"ordinary powers\".",
"name": "Ordinary powers of Magistrates",
"related_acts": "",
"section_id": 50
},
{
"act_id": 75,
"details": "6537. In addition to his ordinary powers, any Judicial or Executive Magistrate may be invested by the Government or the Chief Judicial Magistrate or the District Magistrate, as the case may be, with any powers specified in the schedule IV: Provided that, the Government may authorize a District Magistrate to invest any Executive Magistrate subordinate to him with any of its powers specified in the schedule IV: Provided further that any Judicial Magistrate may be invested with such additional powers in consultation with the High Court Division.",
"name": "Additional powers conferrable on Magistrates.",
"related_acts": "",
"section_id": 51
},
{
"act_id": 75,
"details": "38.\tThe power conferred on the District Magistrate by section 37 shall be exercised subject to the control of the Government.",
"name": "Control of District Magistrates investing power",
"related_acts": "",
"section_id": 52
},
{
"act_id": 75,
"details": "39.(1) In conferring powers under this Code the Government may by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered.",
"name": "Mode of conferring powers",
"related_acts": "",
"section_id": 53
},
{
"act_id": 75,
"details": "40. Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area 66***, he shall, unless the Government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.",
"name": "Powers of officers appointed",
"related_acts": "",
"section_id": 54
},
{
"act_id": 75,
"details": "6741.(1)The Government may withdraw all or any of the powers conferred under this Code on any person by it or by any officer subordinate to it: Provided that where the conferring of a power is, under this code, required to be made in consultation with the High Court Division, the withdrawal thereof shall be made in consultation with that Court. (2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by the chief Judicial Magistrate or the District Magistrate respectively.",
"name": "Withdrawal of powers.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 75,
"details": "42. Every person is bound to assist 68any Magistrate whether Judicial or Executive or police officer reasonably demanding his aid,- (a) \tin the taking or preventing the escape of any other person whom such Magistrate or police-officer is authorized to arrest; (b) \tin the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.",
"name": "Public when to assist",
"related_acts": "",
"section_id": 56
},
{
"act_id": 75,
"details": "43.\tWhen a warrant is directed to a person other than a police-officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.",
"name": "Aid to person, other than police-officer, executing warrant",
"related_acts": "",
"section_id": 57
},
{
"act_id": 75,
"details": "44.(1) Every person, aware of the commission of, or of the intention of any other person to commit any offence punishable under any of the following sections of the Penal Code (namely), 121, 121A, 122, 123, 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148, 302, 303, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459 and 460, shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police-officer of such commission or intention. (2) For the purposes of this section the term \"offence\" includes any act committed at any place out of Bangladesh which would constitute an offence if committed in Bangladesh.",
"name": "Public to give information of certain offences",
"related_acts": "",
"section_id": 58
},
{
"act_id": 75,
"details": "45.(1) Every village-headman, village-accountant, village watchman, village police-officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land, and every officer employed in the collection of revenue or rent of land on the part of the Government or the Court of Wards, shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police-station whichever is the nearer, any information which he may possess respecting- (a) \tthe permanent or temporary residence of any notorious receiver or vendor of stolen property in any village of which he is headman , accountant, watchman or police-officer, or in which he owns or occupies land, or is agent, or collects revenue or rent; (b) \tthe resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender; (c) \tthe commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, 144, 145, 147, or 148 of the Penal Code; (d) \tthe occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances; or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person; (e)\tthe commission of, or intention to commit, at any place out of Bangladesh near such village any act which, if committed in Bangladesh, would be an offence punishable under any of the following sections of the Penal Code, namely, 231, 232, 233, 234, 235, 236, 237, 238, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, 460, 489A, 489B, 489C, and 489D; (f) \tany matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the Government, has directed him to communicate information. (2) In this section- (i) \"village\" includes village-lands; and (ii) \tthe expression \"proclaimed offender\" includes any person proclaimed as an offender by any Court or authority established or continued by the Government in any part of Bangladesh, in respect of any act which if committed in Bangladesh, would be punishable under any of the following sections of the Penal Code, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.",
"name": "Village-headmen,accountants,landholders and others bound to report certain matters.",
"related_acts": "",
"section_id": 59
},
{
"act_id": 75,
"details": "(3) Subject to rules in this behalf to be made by the Government, the District Magistrate 70*** may from time to time appoint one or more persons with his or their consent to perform the duties of a village-headman under this section whether a village-headman has or has not been appointed for that village under any other law.",
"name": "Appointment of village-headman by District Magistrate *** in certain cases for purposes of this section",
"related_acts": "",
"section_id": 60
},
{
"act_id": 75,
"details": "46.(1) In making an arrest the police-officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.",
"name": "Arrest how made",
"related_acts": "",
"section_id": 61
},
{
"act_id": 75,
"details": "(2) If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest, such police-officer or other person may use all means necessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with 71transportation for life.",
"name": "Resisting endeavour to arrest",
"related_acts": "",
"section_id": 62
},
{
"act_id": 75,
"details": "47.\tIf any person acting under a warrant of arrest, or any police-officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, the person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police-officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.",
"name": "Search of place entered by person sought to be arrested",
"related_acts": "",
"section_id": 63
},
{
"act_id": 75,
"details": "48. If ingress to such place cannot be obtained under section 47 it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police-officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:",
"name": "Procedure where ingress not obtainable",
"related_acts": "",
"section_id": 64
},
{
"act_id": 75,
"details": "Provided that, if any such place is an apartment in the actual occupancy of a woman (not being the person to be arrested) who, according to custom, does not appear in public such person or police-officer shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.",
"name": "Breaking open zanana",
"related_acts": "",
"section_id": 65
},
{
"act_id": 75,
"details": "49.\tAny police-officer or other person authorized to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.",
"name": "Power to break open doors and windows for purposes of liberation",
"related_acts": "",
"section_id": 66
},
{
"act_id": 75,
"details": "50.\tThe person arrested shall not be subjected to more restraint than is necessary to prevent his escape.",
"name": "No unnecessary restraint",
"related_acts": "",
"section_id": 67
},
{
"act_id": 75,
"details": "51. Whenever a person is arrested by a police-officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and Whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police-officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him.",
"name": "Search of arrested persons",
"related_acts": "",
"section_id": 68
},
{
"act_id": 75,
"details": "52. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency.",
"name": "Mode of searching women",
"related_acts": "",
"section_id": 69
},
{
"act_id": 75,
"details": "53. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.",
"name": "Power to seize offensive weapons",
"related_acts": "",
"section_id": 70
},
{
"act_id": 75,
"details": "54.(1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest- firstly , any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned; secondly , any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any\timplement of house breaking; thirdly , any person who has been proclaimed as an offender either under this Code or by order of the Government; fourthly, any person in whose possession anything is found which may\treasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; fifthly, any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful\tcustody; sixthly, any person reasonably suspected of being a deserter from the armed forces of Bangladesh 72* * *; seventhly , any person who has been concerned in, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would have been punishable as an offence, and for which he is, under any law relating to \textradition or under the Fugitive Offenders Act, 1881, or otherwise, liable to be apprehended or detained in custody in Bangladesh; eighthly , any released convict committing a breach of any rule made under section 565, sub-section (3); ninthly, any person for whose arrest a requisition has been received from another police-officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the\tarrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.",
"name": "When police may arrest without warrant",
"related_acts": "",
"section_id": 71
},
{
"act_id": 75,
"details": "55.(1) Any officer in Charge of a police-station may, in like manner, arrest or cause to be arrested- (a) \tany person found taking precautions to conceal his presence within the limits of such station, under circumstances which afford reason to believe that he is taking such precautions with a view committing a cognizable offence; or (b) \tany person within the limits of such station who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or (c) \tany person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury.",
"name": "Arrest of vagabonds, habitual robbers, etc.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 75,
"details": "56.(1) When any officer in charge of a police-station or any police-officer making an investigation under Chapter XIV requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made. The officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.",
"name": "Procedure when police-officer deputes subordinate to arrest without warrant",
"related_acts": "",
"section_id": 73
},
{
"act_id": 75,
"details": "57.(1) When any person who in the presence of a police-officer has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in Bangladesh, the bond shall be secured by a surety or sureties resident in Bangladesh. (3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.",
"name": "Refusal to give name and residence",
"related_acts": "",
"section_id": 74
},
{
"act_id": 75,
"details": "58. A police-officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest under this Chapter, pursue such person into any place in Bangladesh.",
"name": "Pursuit of offenders into other jurisdictions",
"related_acts": "",
"section_id": 75
},
{
"act_id": 75,
"details": "59.(1) Any private person may arrest any person who in his view commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police-officer, or, in the absence of a police-officer, take such person or cause him to be taken in custody to the nearest police-station. (2) If there is reason to believe that such person comes under the provisions of section 54, a police-officer shall re-arrest him. (3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police-officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 57. If there is no sufficient reason to believe that he has committed any offence, he shall be at once released.",
"name": "Arrest by private persons and procedure on such arrest",
"related_acts": "",
"section_id": 76
},
{
"act_id": 75,
"details": "60.\tA police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station.",
"name": "Person arrested to be taken before Magistrate or officer in charge of police-station",
"related_acts": "",
"section_id": 77
},
{
"act_id": 75,
"details": "61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.",
"name": "Person arrested not to be detained more than twenty-four hours",
"related_acts": "",
"section_id": 78
},
{
"act_id": 75,
"details": "62. Officers in charge of police-stations shall report 73in 74a Metropolitan Area, to the Chief Metropolitan Magistrate, and in other areas, to the District Magistrate, 75and also to the Chief Judicial Magistrate the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.",
"name": "Police to report apprehensions.",
"related_acts": "",
"section_id": 79
},
{
"act_id": 75,
"details": "63. No person who has been arrested by a police-officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate.",
"name": "Discharge of person apprehended",
"related_acts": "",
"section_id": 80
},
{
"act_id": 75,
"details": "64. When any offence is committed in the presence of a Magistrate 76whether Executive or Judicial within the local limits of his jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail commit the offender to custody.",
"name": "Offence committed in Magistrate's presence",
"related_acts": "",
"section_id": 81
},
{
"act_id": 75,
"details": "65. Any Magistrate 77whether Executive or Judicial may at any time arrest or direct the arrest, in his presence, within the local limits of his jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.",
"name": "Arrest by or in presence of Magistrate.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 75,
"details": "66.\tIf a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in Bangladesh.",
"name": "Power, on escape, to pursue and retake",
"related_acts": "",
"section_id": 83
},
{
"act_id": 75,
"details": "67. The provisions of sections 47, 48 and 49 shall apply to arrests under section 66, although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest.",
"name": "Provisions of sections 47, 48 and 49 to apply to arrest under section 66",
"related_acts": "",
"section_id": 84
},
{
"act_id": 75,
"details": "68.(1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the 78Supreme Court may, from time to time, by rule, direct.",
"name": "Form of summons",
"related_acts": "",
"section_id": 85
},
{
"act_id": 75,
"details": "(2) Such summons shall be served by a police-officer, or subject to such rules as the Government may prescribe in this behalf, by an officer of the Court issuing it or other public servant.",
"name": "Summons by whom served",
"related_acts": "",
"section_id": 86
},
{
"act_id": 75,
"details": "69.(1) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.",
"name": "Summons how served",
"related_acts": "",
"section_id": 87
},
{
"act_id": 75,
"details": "(2) Every person on whom a summons is so served shall if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. (3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Bangladesh. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.",
"name": "Signature of receipt for summons",
"related_acts": "",
"section_id": 88
},
{
"act_id": 75,
"details": "70. Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.",
"name": "Service when person summoned cannot be found",
"related_acts": "",
"section_id": 89
},
{
"act_id": 75,
"details": "71. If service in the manner mentioned in sections 69 and 70 cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served.",
"name": "Procedure when service cannot be effected as before provided",
"related_acts": "",
"section_id": 90
},
{
"act_id": 75,
"details": "72.(1) Where the person summoned is in the active service of the 79Republic, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in manner provided by section 69, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service.",
"name": "Service on servant of Republic",
"related_acts": "",
"section_id": 91
},
{
"act_id": 75,
"details": "73. When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be there served.",
"name": "Service of summons outside local limits",
"related_acts": "",
"section_id": 92
},
{
"act_id": 75,
"details": "74.(1) When a summons issued by a Court is served outside the local limits of its jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in manner provided by section 69 or section 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.",
"name": "Proof of service in such cases and when serving officer not present",
"related_acts": "",
"section_id": 93
},
{
"act_id": 75,
"details": "75.(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer, or in the case of a Bench of Magistrates, by any member of such Bench, and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.",
"name": "Form of warrant of arrest\tContinuance of warrant of arrest",
"related_acts": "",
"section_id": 94
},
{
"act_id": 75,
"details": "(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.",
"name": "Recognizance to be forwarded",
"related_acts": "",
"section_id": 95
},
{
"act_id": 75,
"details": "76.(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state- (a) \tthe number of sureties; (b) \tthe amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; and (c) \tthe time at which he is to attend before the Court.",
"name": "Court may direct security to be taken",
"related_acts": "",
"section_id": 96
},
{
"act_id": 75,
"details": "77.(1) A warrant of arrest shall ordinarily be directed to one or more police-officers, 80and, when issued by a Metropolitan Magistrate, shall always be so directed; but any other Court issuing such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it to any other person or persons; and such person or persons shall execute the same.",
"name": "Warrants to whom directed",
"related_acts": "",
"section_id": 97
},
{
"act_id": 75,
"details": "(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more, of them.",
"name": "Warrants to several persons",
"related_acts": "",
"section_id": 98
},
{
"act_id": 75,
"details": "78.(1) 81Magistrate of the first class may direct a warrant to any landholder, farmer or manager of land within his 82local Jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a non-bailable offence, and who has eluded pursuit. (2) Such landholder, farmer or manager shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, his land or farm, or the land under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police-officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 76.",
"name": "Warrant may be directed to landholders, etc.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 75,
"details": "79.\t A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.",
"name": "Warrant directed to police-officer",
"related_acts": "",
"section_id": 100
},
{
"act_id": 75,
"details": "80. The police-officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so require, shall show him the warrant.",
"name": "Notification of substance of warrant",
"related_acts": "",
"section_id": 101
},
{
"act_id": 75,
"details": "81. The police-officer or other person executing a warrant of arrest shall (subject to the provisions of section 76 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.",
"name": "Person arrested to be brought before Court without delay",
"related_acts": "",
"section_id": 102
},
{
"act_id": 75,
"details": "82. A warrant of arrest may be executed at any place in Bangladesh.",
"name": "Where warrant may be executed",
"related_acts": "",
"section_id": 103
},
{
"act_id": 75,
"details": "83.(1) When a warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police-officer, forward the same by post or otherwise to any 83Executive Magistrate or District Superintendent of police 84or, the Police Commissioner in 85a Metropolitan Area within the local limits of whose jurisdiction it is to be executed. (2) The Magistrate or District Superintendent 86or Police Commissioner to whom such warrant is so forwarded shall endorse his name thereon and, if practicable, cause it to be executed in manner hereinbefore provided within the local limits of his jurisdiction.",
"name": "Warrant forwarded for execution outside jurisdiction",
"related_acts": "",
"section_id": 104
},
{
"act_id": 75,
"details": "84.(1) When a warrant directed to a police-officer is to be executed beyond the local limits of the jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to 87an Executive Magistrate or to a police-officer not below the rank of an officer in charge of a station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magistrate or police-officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police-officer to whom the warrant is directed to execute the same within such limits, and the local police shall, if so required, assist such officer in executing such warrant. (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police-officer within the local limits of whose jurisdiction the warrant is to be executed, will prevent such execution, the police-officer to whom it is directed may execute the same without such endorsement in any place beyond the local limits of the jurisdiction of the Court which issued it.",
"name": "Warrant directed to police-officer for execution outside jurisdiction",
"related_acts": "",
"section_id": 105
},
{
"act_id": 75,
"details": "85. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within twenty miles of the place of arrest or is nearer than 88the Executive Magistrate or District Superintendent of Police 89or the Police Commissioner in 90a Metropolitan Area within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 76, be taken before such Magistrate or 91Police Commissioner or District Superintendent of Police.",
"name": "Procedure on arrest of person against whom warrant issued",
"related_acts": "",
"section_id": 106
},
{
"act_id": 75,
"details": "86.(1) 92Such Executive Magistrate or 93District Superintendent of Police 394or Police Commissioner shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, 95District Superintendent of Police 396or Police Commissioner or a direction has been endorsed under section 76 on the warrant and such person is ready and willing to give the security required by such direction the Magistrate, 97District Superintendent of Police 398or Police Commissioner shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant 99: Provided further that, if the offence is a non-bailable offence or no direction has been endorsed under section 76 on the warrant, the Sessions Judge or The Metropolitan Sessions Judge, the Chief Judicial Magistrate or the Chief Metropolitan Magistrate or a Magistrate of the first class Specially empowered in this behalf, in whose local jurisdiction the person is arrested, may, subject to the provisions of section 497 and for reasons to be recorded in writing, release the person on an interim bail on such bond or security as the Judge or the Magistrate thinks fit and direct the person to appear by a specified date before the Court which issued the warrant and forward the bond to that Court. (2) Nothing in this section shall be deemed to prevent a police-officer from taking security under section 76.",
"name": "Procedure by Magistrate before whom person arrested is brought.",
"related_acts": "",
"section_id": 107
},
{
"act_id": 75,
"details": "87.(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:- (a) \tit shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) \tit shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; and (c) \ta copy thereof shall be affixed to some conspicuous part of the Court-house. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day.",
"name": "Proclamation for person absconding",
"related_acts": "",
"section_id": 108
},
{
"act_id": 75,
"details": "88.(1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person. (2) Such order shall authorize the attachment of any property belonging to such person within the 100local area in which it is made; and it shall authorize the attachment of any property belonging to such person without such 101local area when endorsed by the District Magistrate 102Chief Judicial Magistrate 103or Chief Metropolitan Magistrate within whose 104local area such property is situate. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made- (a) \tby seizure; or (b) \tby the appointment of a receiver; or (c) \tby an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or (d) \tby all or any two of such methods, as the Court thinks fit. (4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the Government, be made through the Collector of the district in which the land is situate, and in all other cases- (e) \tby taking possession; or (f) \tby the appointment of a receiver; or (g) \tby an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or (h) \tby all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under 105Order XL of the First Schedule to the Code of Civil Procedure, 1908. (6A) If any claim is preferred to, or objection made to the attachment of, any property attached under this section within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under this section, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (6B) Claims or objections under sub-section (6A) may be preferred or made in the Court by which the order of attachment is issued or, if the claim or objection is in respect of property attached under an order endorsed by a District Magistrate, 106Chief Judicial Magistrate 107or Chief Metropolitan Magistrate in accordance with the provisions of sub-section (2), in the Court of such Magistrate. (6C) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a 108 Chief Judicial Magistrate 1109or Chief Metropolitan Magistrate such Magistrate may make it over for disposal to any Magistrate 110*** or to any Metropolitan Magistrate, as the case may be subordinate to him. (6D) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (6A) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. (6E) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment. (7) If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment shall be at the disposal of the Government, but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under sub-section (6A) has been disposed of under that sub-section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.",
"name": "Attachment of property of person absconding",
"related_acts": "86",
"section_id": 109
},
{
"act_id": 75,
"details": "89. If, within two years from the date of the attachment any person whose property is or has been at the disposal of the Government, under sub-section (7) of section 88, appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the nett proceeds of the sale, or, if part only thereof has been sold, the nett proceeds of the sale and the residue of the property, shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him.",
"name": "Restoration of attached property",
"related_acts": "",
"section_id": 110
},
{
"act_id": 75,
"details": "90. A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person 111* * * issue, after recording its reasons in writing, a warrant for his arrest- (a) \tif, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b)\tif at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.",
"name": "Issue of warrant in lieu of, or in addition to, summons",
"related_acts": "",
"section_id": 111
},
{
"act_id": 75,
"details": "91. When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court.",
"name": "Power to take bond for appearance",
"related_acts": "",
"section_id": 112
},
{
"act_id": 75,
"details": "92. When any person who is bound by any bond taken under this Code to appear before a Court, does not so appear, the officer presiding in such Court, may issue a warrant directing that such person be arrested and produced before him.",
"name": "Arrest by breach of bond for appearance",
"related_acts": "",
"section_id": 113
},
{
"act_id": 75,
"details": "93. The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall so far as may be, apply to every summons and every warrant of arrest issued under this Code.",
"name": "Provisions of this Chapter generally applicable to summonses and warrants of arrest",
"related_acts": "",
"section_id": 114
},
{
"act_id": 75,
"details": "93B. Notwithstanding anything contained in section 82, where a Court in Bangladesh desires that a warrant issued by it for the arrest of an accused person shall be executed at any place outside Bangladesh within the local limits of the jurisdiction of a Court established or continued by the authority of the Government in exercise of its foreign jurisdiction, it may send such warrant, by post or otherwise, to the presiding officer of that Court to be executed.",
"name": "Sending of warrants for execution outside Bangladesh",
"related_acts": "",
"section_id": 115
},
{
"act_id": 75,
"details": "93A.(1) Where a Court in Bangladesh desires that asummons issued by it to an accused person shall be served at any place outside Bangladesh within the local limits of the jurisdiction of a Court established or continued by the authority of the Government in exercise of its foreign jurisdiction, it shall send such summons, in duplicate, by post or otherwise, to the presiding officer of that Court to be served. (2) The provisions of section 74 shall apply in the case of a summons sent for service under this section as if the presiding officer of the Court to whom it was sent were a Magistrate in Bangladesh.",
"name": "Sending of summons for service outside Bangladesh",
"related_acts": "",
"section_id": 116
},
{
"act_id": 75,
"details": "93C.(1) Where a Court has received for service or execution a summons to, or a warrant for the arrest of, an accused person issued by a Court established or continued by the authority of the Government in exercise of its foreign jurisdiction, outside Bangladesh it shall cause the same to be served or executed as if it were a summons or warrant received by it from a Court in Bangladesh for service or execution within the local limits of its jurisdiction. (2) Where any warrant of arrest has been so executed the person arrested shall so far as possible be dealt with in accordance with the procedure prescribed by sections 85 and 86.",
"name": "Service and execution in Bangladesh of processes received from outside Bangladesh",
"related_acts": "",
"section_id": 117
},
{
"act_id": 75,
"details": "94.(1) Whenever any Court, or any officer in charge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order: Provided that no such officer shall issue any such order requiring the production of any document or other thing which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (Act No. XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except,- (a) \tfor the purpose of investigating an offence under sections 403, 406, 408 and 409 and sections 421 to 424 (both inclusive) and sections 465 to 477A (both inclusive) of the Penal Code, with the prior permission in writing of a Sessions Judge; and (b) \tin other cases, with the prior permission in writing of the High Court Division. (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed to affect the Evidence Act, 1872, sections 123 and 124, or to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the Postal or Telegraph authorities.",
"name": "Summons to produce document or other thing",
"related_acts": "24",
"section_id": 118
},
{
"act_id": 75,
"details": "95.(1) If any document, parcel or thing in such custody is, in the opinion of any District Magistrate, 112Chief Judicial Magistrate 113Chief Metropolitan Magistrate High Court Division or Court of Session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph authorities, as the case may be, to deliver such document, parcel or thing to such person as such Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any 114other Magistrate, whether Executive or Judicial 115Police Commissioner or District Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the orders of any such District Magistrate, 116Chief Judicial Magistrate, Chief Metropolitan Magistrate or Court.",
"name": "Procedure as to letters and telegrams",
"related_acts": "",
"section_id": 119
},
{
"act_id": 75,
"details": "96.(1) Where any Court has reason to believe that a person to whom a summons or order under section 94 or a requisition under section 95, sub-section (1), has been or might be addressed, will not or would not produce the document or thing as required by such summons or requisition, or where such document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) Nothing herein contained shall authorize any Magistrate other than a District Magistrate, 117Chief Judicial Magistrate, as the case may be or Chief Metropolitan Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the Postal or Telegraph authorities.",
"name": "When search-warrant may be issued",
"related_acts": "",
"section_id": 120
},
{
"act_id": 75,
"details": "97. The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.",
"name": "Power to restrict warrant",
"related_acts": "",
"section_id": 121
},
{
"act_id": 75,
"details": "98.(1) If a District Magistrate,118or an Executive Magistrate specially empowered by the Government in this behalf, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps or coin, or instruments or materials for counterfeiting coin or stamps or for forging, or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place, or, if a District Magistrate, 119or an Executive Magistrate specially empowered by the Government in this behalf, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit, sale, manufacture or production of any obscene object such as is referred to in section 292 of the Penal Code or that any such obscene objects are kept or deposited in any place; he may by his warrant authorize any police-officer above the rank of a constable- (a) \tto enter, with such assistance as may be required, such place, and (b) \tto search the same in manner specified in the warrant, and (c) \tto take possession of any property, documents, seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials or of any such obscene objects as aforesaid, and (d) \tto convey such property, documents, seals, stamps, coins, instruments or materials or such obscene objects 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, and (e) \tto take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or manufacture or keeping of any such property, documents, seals, stamps, coins, instruments or materials or such obscene objects knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging or the said obscene objects to have been or to be intended to be sold, let to hire, distributed, publicly exhibited, circulated, imported or exported. (2) The provisions of this section with respect to- (a) \tcounterfeit coin, (b) \tcoin suspected to be counterfeit, and (c) \tinstruments or materials for counterfeiting coin, shall, so far as they can be made applicable, apply respectively to- (a)\tpieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into Bangladesh in contravention of any notification for the time being in force under 120section 16 of the Customs Act, 1969, (b) \tpieces of metal suspected to have been so made or to have been so brought into Bangladesh or to be intended to be issued in contravention of the former of those Acts, and (c) \tinstruments or materials for making pieces of metal in contravention of that Act.",
"name": "Search of house",
"related_acts": "60,354",
"section_id": 122
},
{
"act_id": 75,
"details": "99. When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to be taken to such Court.",
"name": "Disposal of things found in search beyond jurisdiction",
"related_acts": "",
"section_id": 123
},
{
"act_id": 75,
"details": "99B. Any person having any interest in any newspaper, book or other document, in respect of which an order of forfeiture has been made under section 99A, may, within two months from the date of such order, apply to the High Court Division to set aside such order on the ground that the issue of the newspaper, or the book or other document, in respect of which the order was made, did not contain 121any such matter, word or visible representation, as is referred to in sub-section (1) of section 99A.",
"name": "Application to High Court Division to set aside order of forfeiture",
"related_acts": "",
"section_id": 124
},
{
"act_id": 75,
"details": "99C. Every such application shall be heard and determined by a Special Bench of the High Court Division composed of three Judges.",
"name": "Hearing by Special Bench",
"related_acts": "",
"section_id": 125
},
{
"act_id": 75,
"details": "99D.(1) On receipt of the application, the Special bench shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained 122any such matter, word or visible representation as is referred to in sub-section (1) of section 99A, set aside the order of forfeiture. (2) Where there is a difference of opinion among the judges forming the Special Bench the decision shall be in accordance with the opinion of the majority of those Judges.",
"name": "Order of Special Bench setting aside forfeiture",
"related_acts": "",
"section_id": 126
},
{
"act_id": 75,
"details": "99E. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid or the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper in respect of which the order of forfeiture was made.",
"name": "Evidence to prove nature or tendency of newspapers",
"related_acts": "",
"section_id": 127
},
{
"act_id": 75,
"details": "99F. 123The Supreme Court shall, as soon as conveniently may be, frame rules to regulate the procedure in the case of such applications, the amount of the costs thereof and the execution of orders passed thereon, and until such rules are framed, the practice of such Courts in proceedings other than suits and appeals shall apply, so far as may be practicable, to such applications.",
"name": "Procedure in High Court Division",
"related_acts": "",
"section_id": 128
},
{
"act_id": 75,
"details": "99G. No order passed or action taken under section 99A shall be called in question in any Court otherwise than in accordance with the provisions of section 99B.",
"name": "Jurisdiction barred",
"related_acts": "",
"section_id": 129
},
{
"act_id": 75,
"details": "124 12599A.(1) Where any newspaper, or book or any document wherever printed, appears to the Government to contain- (a)\tany matter the publication of which is punishable under section 123A or section 124A or section 153A or section 292 or section 295A or section 505 or section 505A of the Penal Code (Act XLV of 1860), or (b)\tany matter which is defamatory of the President of Bangladesh, 126***, the Prime Minister of the Government, the Speaker of Parliament or the Chief Justice of Bangladesh, or (c)\tany matter which is grossly in-docent or is scurrilous or obscene, or (d)\tany words or visible representations which incite, or which are likely to incite, any person or class of persons to commit any cognizable offence, the Government may, by notification in the official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, words or visible representations, and every copy of such book or other document to be forfeited to Government, and thereupon any police-officer may seize the same wherever found in Bangladesh and any Magistrate may by warrant authorise any police-officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be. (2) In sub-section (1), \"newspaper\", \"book\" and \"document\" have the same meaning as in the Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973).",
"name": "Power to declare certain publications forfeited and to issue search warrants for the same",
"related_acts": "437",
"section_id": 130
},
{
"act_id": 75,
"details": "100. If any 127Metropolitan Magistrate, Magistrate of the first class or 128or an Executive Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search- warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.",
"name": "Search for persons wrongfully confined.",
"related_acts": "",
"section_id": 131
},
{
"act_id": 75,
"details": "101. The provisions of sections 43, 75, 77, 79, 82, 83 and 84 shall, so far as may be, apply, to all search-warrants issued under section 96, section 98, section 99A or section 100.",
"name": "Direction, etc., of search-warrants",
"related_acts": "",
"section_id": 132
},
{
"act_id": 75,
"details": "102.(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of such place shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by section 48. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. If such person is a woman, the directions of section 52 shall be observed.",
"name": "Persons in charge of closed place to allow search",
"related_acts": "",
"section_id": 133
},
{
"act_id": 75,
"details": "103.(1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do. (2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.",
"name": "Search to be made in presence of witnesses",
"related_acts": "",
"section_id": 134
},
{
"act_id": 75,
"details": "(3) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person at his request. (4) When any person is searched under section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request. (5) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Penal Code.",
"name": "Occupant of place searched may attend",
"related_acts": "",
"section_id": 135
},
{
"act_id": 75,
"details": "104. Any Court may, if it thinks fit, impound any document or thing produced before it under this Code.",
"name": "Power to impound document, etc., produced",
"related_acts": "",
"section_id": 136
},
{
"act_id": 75,
"details": "105. 129Any Magistrate, whether Executive or Judicial may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.",
"name": "Magistrate may direct search in his presence",
"related_acts": "",
"section_id": 137
},
{
"act_id": 75,
"details": "106.(1) Whenever any person accused of any offence punishable under Chapter VIII of the Penal Code, other than an offence punishable under section 143, section 149, section 153A or section 154 thereof, or of assault or other offence involving a breach of the peace, or of abetting the same, or any person accused of committing criminal intimidation, is convicted of such offence before High Court Division, a Court of Session, or the Court of 130a Metropolitan Magistrate, 131*** or a Magistrate of the first class, and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or `without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix. (2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (3) An order under this section may also be made by an Appellate Court 132*** or by the High Court Division when exercising its powers of revision.",
"name": "Security for keeping the peach on conviction",
"related_acts": "",
"section_id": 138
},
{
"act_id": 75,
"details": "107.(1) Whenever 133a District Magistrate or any other Executive Magistrate is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquillity, the Magistrate if in his opinion there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix. (2) Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended, is within the local limits of such Magistrate's jurisdiction, and no proceedings shall be taken before any Magistrate, 134other than the 135 *** District Magistrate, unless both the person informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate's jurisdiction.",
"name": "Security for keeping the peace in other cases",
"related_acts": "",
"section_id": 139
},
{
"act_id": 75,
"details": "(3) When any Magistrate not empowered to proceed under sub-section (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breachof the peace or disturb the public tranquillity and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining such person in custody, such Magistrate may, after recording his reasons, issue a warrant for his arrest (if he is not already in custody or before the Court), and may send him before a Magistrate empowered to deal with the case, together with a copy of his reasons. (4) A Magistrate before whom a person is sent under sub-section (3) may in his discretion detain such person in custody pending further action by himself under this Chapter.",
"name": "Procedure of Magistrate not empowered to act under sub-section (1)",
"related_acts": "",
"section_id": 140
},
{
"act_id": 75,
"details": "108. 136Whenever the 137District Magistrate, or any other Executive Magistrate\" specially empowered by the Government in this behalf, has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner intentionally disseminates or attempts to disseminate, or in anywise abets the dissemination of,- (a) any seditious matter, that is to say, any matter the publication of which is punishable under section 123A or section 124A of the Penal Code, or (b)\tany matter the publication of which is punishable under section 153A of the Penal Code, or (c)\tany matter concerning a Judge which amounts to criminal intimidation or defamation under the Penal Code, such Magistrate, if in his opinion there is sufficient ground for proceeding may (in manner hereinafter provided) require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix. No proceedings shall be taken under this section against the editor, proprietor, printer of publisher of any publication registered under, and edited, printed and published in conformity with, the provisions of the Printing Presses and Publications (Declaration and Registration) Act, 1973, with reference to any matters contained in such publication except by the order or under the authority of the Government or some officer empowered by the Government in this behalf.",
"name": "Security for good behaviour from persons disseminating seditious matter",
"related_acts": "",
"section_id": 141
},
{
"act_id": 75,
"details": "109. Whenever 138District Magistrate or an Executive Magistrate receive information- (a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate's jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to committing any offence, or (b) \tthat there is within such limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself, such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit to fix.",
"name": "Security for good behaviour from vagrants and suspected persons",
"related_acts": "",
"section_id": 142
},
{
"act_id": 75,
"details": "110. Whenever a 139District Magistrate, or anyother Executive Magistrate specially empowered in this behalf by the Government receives information that any person within the local limits of his jurisdiction- (a) \tis by habit a robber, house-breaker, thief, or forger, or (b) \tis by habit a receiver of stolen property knowing the same to have been stolen, or (c) \thabitually protects or harbours thieves or aids, in the concealment or disposal of stolen property, or (d) \thabitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or (e) \thabitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or (f) \tis so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit to fix.",
"name": "Security for good behaviour from habitual offenders",
"related_acts": "",
"section_id": 143
},
{
"act_id": 75,
"details": "111. Repealed by section 8 of the Criminal Law Amendment Act, 1923 (Act No. XII of 1923).",
"name": "Repealed",
"related_acts": "",
"section_id": 144
},
{
"act_id": 75,
"details": "112. When a Magistrate acting under section 107, section 108, section 109 or section 110 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.",
"name": "Order to be made",
"related_acts": "",
"section_id": 145
},
{
"act_id": 75,
"details": "113. If the person in respect of whom such order is made is present in Court, it shall be read over to him or, if he so desires, the substance thereof shall be explained to him.",
"name": "Procedure in respect of person present in Court",
"related_acts": "",
"section_id": 146
},
{
"act_id": 75,
"details": "114. If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police-officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.",
"name": "Summons or warrant in case of person not so present",
"related_acts": "",
"section_id": 147
},
{
"act_id": 75,
"details": "115. Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made under section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.",
"name": "Copy of order under section 112 to accompany summons or warrant",
"related_acts": "",
"section_id": 148
},
{
"act_id": 75,
"details": "116. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.",
"name": "Power to dispense with personal attendance",
"related_acts": "",
"section_id": 149
},
{
"act_id": 75,
"details": "117.(1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable where the order requires security for keeping the peace, in the manner hereinafter prescribed for conducting trials and recording evidence in summons-cases; and where the order requires security for good behaviour in the manner hereinafter prescribed for conducting trials and recording evidence in warrant-cases, except that no charge need be framed. (3) \tPending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that:- (a) \tno person against whom proceedings are not being taken under section 108, section 109, or section 110, shall be directed to execute a bond for maintaining good behaviour, and (b) \tthe conditions of such bond, whether as to the amount thereof or as to the provision of sureties of the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 112. (4) for the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved be evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.",
"name": "Inquiry as to truth of information",
"related_acts": "",
"section_id": 150
},
{
"act_id": 75,
"details": "118. If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties the Magistrate shall make an order accordingly: Provided- firstly , that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 112: secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive: thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.",
"name": "Order to give security",
"related_acts": "",
"section_id": 151
},
{
"act_id": 75,
"details": "119. If, on an inquiry under section 117, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.",
"name": "Discharge of person informed against",
"related_acts": "",
"section_id": 152
},
{
"act_id": 75,
"details": "120.(1) If any person, in respect of whom an order requiring security is made under section 106 or section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.",
"name": "Commencement of period for which security is required",
"related_acts": "",
"section_id": 153
},
{
"act_id": 75,
"details": "121. The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.",
"name": "Contents of bond",
"related_acts": "",
"section_id": 154
},
{
"act_id": 75,
"details": "122.(1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond: Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall in making the inquiry record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any) that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.",
"name": "Power to reject sureties",
"related_acts": "",
"section_id": 155
},
{
"act_id": 75,
"details": "123.(1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.",
"name": "Imprisonment in default of security",
"related_acts": "",
"section_id": 156
},
{
"act_id": 75,
"details": "(5) Imprisonment for failure to give security for keeping the peace shall be simple. (6) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108 be simple and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.",
"name": "Kind of imprisonment",
"related_acts": "",
"section_id": 157
},
{
"act_id": 75,
"details": "(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge; and the proceedings shall be laid, as soon as conveniently may be, before such Judge. (3) The Sessions Judge, after examining such proceedings and requiring from the Magistrate any further information or evidence which he thinks necessary, may pass such order on the case as he thinks fit: Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (3A) If security has been required in the course of the same proceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned shall not exceed the period for which he was ordered to give security. (3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (3A) to an Additional Sessions Judge or 140Joint Sessions Judge and upon such transfer, such Additional Sessions Judge or 141Joint Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings (4) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.",
"name": "Proceedings when to be laid before High Court Division or Court of Sessions",
"related_acts": "",
"section_id": 158
},
{
"act_id": 75,
"details": "124.(1) Whenever the District Magistrate 142*** is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the 143*** District Magistrate may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The Government may prescribe the conditions upon which a conditional discharge may be made. (5) If any condition upon which any such person has been discharged is, in the opinion of the District Magistrate 144***, by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police-officer without warrant, and shall thereupon be produced before the District Magistrate 145***. Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the District Magistrate 146***, may remand such person to prison to undergo such unexpired portion. A person remanded to prison under this sub-section shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.",
"name": "Power to release persons imprisoned for failing to give security",
"related_acts": "",
"section_id": 159
},
{
"act_id": 75,
"details": "125. The 147*** District Magistrate may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district not superior to his Court.",
"name": "Power of District Magistrate to cancel any bond for keeping the peach or good behaviour",
"related_acts": "",
"section_id": 160
},
{
"act_id": 75,
"details": "126.(1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a 148District Magistrate or any other Executive Magistrate to cancel any bond executed under this Chapter within the local limits of his jurisdiction. (2) On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him.",
"name": "Discharge of sureties",
"related_acts": "",
"section_id": 161
},
{
"act_id": 75,
"details": "149126A. When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of section 122 or under section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be.",
"name": "Security for unexpired period of bond",
"related_acts": "",
"section_id": 162
},
{
"act_id": 75,
"details": "127.(1) Any 150Executive Magistrate or officer in charge of a police-station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2)\tOmitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Assembly to disperse on command of Magistrate or police officer",
"related_acts": "",
"section_id": 163
},
{
"act_id": 75,
"details": "128. If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any 151Executive Magistrate or officer in charge of a police-station, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman in the armed forces of Bangladesh 152*** for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.",
"name": "Use of civil force to disperse",
"related_acts": "",
"section_id": 164
},
{
"act_id": 75,
"details": "129. If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the 153Executive Magistrate of the highest rank who is present 154or the Police Commissioner in 155a Metropolitan Area may cause it to be dispersed by military force.",
"name": "Use of military force",
"related_acts": "",
"section_id": 165
},
{
"act_id": 75,
"details": "130.(1) When 156an Executive Magistrate 157or the Police Commissioner determines to disperse any such assembly by military force, he may require any commissioned or non-commissioned officer in command of any soldiers in the Bangladesh Army 158* * * to disperse such assembly by military forced, and to arrest and confine such persons forming part of it as the Magistrate 1or the Police Commissioner may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.",
"name": "Duty of officer commanding troops required by Magistrate to disperse assembly",
"related_acts": "",
"section_id": 166
},
{
"act_id": 75,
"details": "131. When the public security is manifestly endangered by any such assembly, and when 159no Executive Magistrate can be communi-cated with, any commissioned officer of the Bangladesh Army may disperse such assembly by military force, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with 160an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate as to whether he shall or shall not continue such action.",
"name": "Power of commissioned military officers to disperse assembly",
"related_acts": "",
"section_id": 167
},
{
"act_id": 75,
"details": "132. No prosecution against any person for any act purporting to be done under this Chapter shall be instituted in any Criminal Court, except with the sanction of the Government; and- (a) \tno Magistrate or police-officer acting under this Chapter in good faith, (b) \tno officer acting under section 131 in good faith, (c) \tno person doing any act in good faith, in compliance with a requisition under section 128 or section 130, and (d) \tno inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence: Provided that no such prosecution shall be instituted in any Criminal Court against any officer or soldier in the Bangladesh Army except with the sanction of the Government.",
"name": "Protection against prosecution for acts done under this Chapter",
"related_acts": "",
"section_id": 168
},
{
"act_id": 75,
"details": "161132A. The provisions of this Chapter shall not apply to 162a Metropolitan Area.",
"name": "Application",
"related_acts": "",
"section_id": 169
},
{
"act_id": 75,
"details": "133.(1) Whenever a District Magistrate, 163or any other Executive Magistrate considers, on receiving a police-report or other information and on taking such evidence (if any) as he thinks fit, that any unlawful obstruction or nuisance should be removed from any way, river or channel which is or may be lawfully used by the public, or from any public place, or that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated, or that the construction of any building, or the disposal of any substance, as likely to occasion conflagration or explosion, should be prevented or stopped, or that any building, tent or structure, or any tree is in such condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary, or that any tank well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public, or that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order, to remove such obstruction or nuisance; or to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation; or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or to prevent or stop the erection of, or to remove, repair or support, such building, tent or structure; or to remove or support such tree; or to alter the disposal of such substance; or to fence such tank, well or excavation, as the case may be; or to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other 164Executive Magistrate at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation-A \"public place\" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.",
"name": "Conditional order for removal of nuisance",
"related_acts": "",
"section_id": 170
},
{
"act_id": 75,
"details": "134.(1) The order shall, if practicable, be served on the person against whom it is made, in manner herein provided for service of a summons. (2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the Government may by rule direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.",
"name": "Service or notification of order",
"related_acts": "",
"section_id": 171
},
{
"act_id": 75,
"details": "135. The person against whom such order is made shall- (a) \tperform, within the time and in the manner specified in the order, the act directed thereby; or 165(b)\tappear in accordance with such order and show cause against the same.",
"name": "Person to whom order is addressed to obey or show cause or claim jury",
"related_acts": "",
"section_id": 172
},
{
"act_id": 75,
"details": "136. If such person does not perform such act or appear and show cause 166* * * he shall be liable to the penalty prescribed in that behalf in section 188 of the Penal Code, and the order shall be made absolute.",
"name": "Consequence of his failing to do so",
"related_acts": "",
"section_id": 173
},
{
"act_id": 75,
"details": "137.(1) If he appears and shows cause against the order, the Magistrate shall take evidence in the matter 167in the manner provided in Chapter XX. (2) If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case. (3) If the Magistrate is not so satisfied, the order shall be made absolute.",
"name": "Procedure where he appears to show cause",
"related_acts": "",
"section_id": 174
},
{
"act_id": 75,
"details": "138 and 139. Omitted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted & 139.\tOmitted",
"related_acts": "579",
"section_id": 175
},
{
"act_id": 75,
"details": "168139A.(1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of anyway, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 137 169* * *, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Civil Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 137 170* * *. (3) A person who has, on being questioned by the Magistrate under sub-section (1) failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial 171* * *.",
"name": "Procedure where existence of public right is denied",
"related_acts": "",
"section_id": 176
},
{
"act_id": 75,
"details": "140.(1) When an order has been made absolute under section 136 172or section 137, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Penal Code. (2) \tIf such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without the local limits of such Magistrate's jurisdiction. If such other property is without such limits, the order shall authorize its attachment and sale when endorsed by the Magistrate within the local limits of whose jurisdiction the property to be attached is found. (3) \tNo suit shall lie in respect of anything done in good faith under this section.",
"name": "Procedure on order being made absolute\tConsequences of disobedience to order",
"related_acts": "",
"section_id": 177
},
{
"act_id": 75,
"details": "141. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 178
},
{
"act_id": 75,
"details": "142.(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may 173* * * issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.",
"name": "Injunction pending inquiry",
"related_acts": "",
"section_id": 179
},
{
"act_id": 75,
"details": "143. A District Magistrate or 174any other Executive Magistrate empowered by the Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Penal Code or any special 175* * * law.",
"name": "Magistrate may prohibit repetition or continuance of public nuisance",
"related_acts": "",
"section_id": 180
},
{
"act_id": 75,
"details": "144.(1) In cases where, in the opinion of a District Magistrate, 176or any other Executive Magistrate specially empowered by the Government or the District Magistrate to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in manner provided by section 134, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury, or risk or obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed, ex parte. (3) An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place. (4) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him, or by his predecessor in office. (5) Where such an application is received, the Magistrate shall afford to the applicant an early opportunity of appearing before him either in person or by pleader and showing cause against the order; and, if the Magistrate rejects the application wholly or in part, he shall record in writing his reasons for so doing. (6) No order under this section shall remain in force for more than two months from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Government, by notification in the official Gazette, otherwise directs. 177(7) The provisions of this section shall not apply to 178a Metropolitan Area.",
"name": "Power to issue order",
"related_acts": "",
"section_id": 181
},
{
"act_id": 75,
"details": "145.(1) Whenever 179a 180District Magistrate, or an Executive Magistrate specially empowered by the Government in this behalf is satisfied from a police-report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water of the boundaries thereof, within the local limits of his jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section the expression \"land or water\" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.",
"name": "Procedure where dispute concerning land, etc., is likely to cause breach of peach",
"related_acts": "",
"section_id": 182
},
{
"act_id": 75,
"details": "(4) The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and, if possible, decide whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject: Provided that, if it appears to the Magistrate that any party has within two months next before the date of such order been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date: Provided also, that if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section. (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.",
"name": "Inquiry as to possession",
"related_acts": "",
"section_id": 183
},
{
"act_id": 75,
"details": "(6) If the Magistrate decides that one of the parties was or should under the first proviso to sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction and when he proceeds under the first proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed. (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purpose of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.",
"name": "Party in possession to retain possession until legally evicted",
"related_acts": "",
"section_id": 184
},
{
"act_id": 75,
"details": "146.(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided that 181 182 such Magistratemay withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the 183Code of Civil Procedure, 1908: Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.",
"name": "Power to attach subject of dispute",
"related_acts": "86",
"section_id": 185
},
{
"act_id": 75,
"details": "147.(1) Whenever, 184any 185District Magistrate, or Executive Magistrate specially empowered by the Government in this behalf, is satisfied, from a police-report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far as may be, applicable in the case of such inquiry. (2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution. (3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right. (4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent jurisdiction.",
"name": "Disputes concerning rights of use of immovable property, etc.",
"related_acts": "",
"section_id": 186
},
{
"act_id": 75,
"details": "148.(1) Whenever a local inquiry is necessary for the purposes of this Chapter, 186* * * any District Magistrate 187*** may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case.",
"name": "Local inquiry",
"related_acts": "",
"section_id": 187
},
{
"act_id": 75,
"details": "(3) When any costs have been incurred by any party to a proceeding under this Chapter the Magistrate passing a decision under section 145, section 146 or section 147 may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion. Such costs may include any expenses incurred in respect of witnesses, and of 188advocate fees, which the Court may consider reasonable.",
"name": "Order as to costs",
"related_acts": "",
"section_id": 188
},
{
"act_id": 75,
"details": "149. Every police-officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.",
"name": "Police to prevent cognizable offences",
"related_acts": "",
"section_id": 189
},
{
"act_id": 75,
"details": "150. Every police-officer receiving information of a design to commit any cognizable offence shall communicate such information to the police-officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.",
"name": "Information of design to commit such offences",
"related_acts": "",
"section_id": 190
},
{
"act_id": 75,
"details": "151. A police-officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.",
"name": "Arrest to prevent such offences",
"related_acts": "",
"section_id": 191
},
{
"act_id": 75,
"details": "152. A police-officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark use for navigation.",
"name": "Prevention of injury to public property",
"related_acts": "",
"section_id": 192
},
{
"act_id": 75,
"details": "153.(1) Any officer in charge of a police-station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false. (2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.",
"name": "Inspection of weights and measures",
"related_acts": "",
"section_id": 193
},
{
"act_id": 75,
"details": "154. Every information relating to the commission of a cognizable offence if given orally to an officer in charge of a police-station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Government may prescribe in this behalf.",
"name": "Information in cognizable cases",
"related_acts": "",
"section_id": 194
},
{
"act_id": 75,
"details": "155.(1) When information is given to an officer in charge of a police-station of the commission within the limits of such station of a non-cognizable offence, he shall enter in a book to be kept as aforesaid the substance of such information and refer the informant to the Magistrate.",
"name": "Information in non-cognizable cases",
"related_acts": "",
"section_id": 195
},
{
"act_id": 75,
"details": "(2) No police-officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case or 189send the same for trial 190***. (3) Any police-officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police-station may exercise in a cognizable case.",
"name": "Investigation into non-cognizable cases",
"related_acts": "",
"section_id": 196
},
{
"act_id": 75,
"details": "156.(1) Any officer in charge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial. (2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 190 may order such and investigation as above mentioned.",
"name": "Investigation into cognizable cases",
"related_acts": "",
"section_id": 197
},
{
"act_id": 75,
"details": "157.(1) If, from information received or otherwise, an officer in charge of a police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report, and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:",
"name": "Procedure where cognizable offence suspected",
"related_acts": "",
"section_id": 198
},
{
"act_id": 75,
"details": "Provided as follows:- (a) \twhen any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot;",
"name": "Where local investigation dispensed with",
"related_acts": "",
"section_id": 199
},
{
"act_id": 75,
"details": "(b) \tif it appears to the officer in charge of a police-station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b), such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the Government, the fact that he will not investigate the case or cause it to be investigated.",
"name": "Where police-officer in charge sees no sufficient ground for investigation",
"related_acts": "",
"section_id": 200
},
{
"act_id": 75,
"details": "158.(1) Every report sent to a Magistrate under section 157 shall, if the Government so directs, be submitted through such superior officer of police as the Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the police-station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.",
"name": "Reports under section 157 how submitted",
"related_acts": "",
"section_id": 201
},
{
"act_id": 75,
"details": "159. Such Magistrate, on receiving such report, may direct an investigation or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code.",
"name": "Power to hold investigation or preliminary inquiry",
"related_acts": "",
"section_id": 202
},
{
"act_id": 75,
"details": "160. Any police-officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required.",
"name": "Police-officer's power to require attendance of witnesses",
"related_acts": "",
"section_id": 203
},
{
"act_id": 75,
"details": "161.(1) Any police-officer making an investigation under this Chapter or any police-officer not below such rank as the Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police-officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so he shall make a separate record of the statement, of each such person whose statement he records.",
"name": "Examination of witnesses by police",
"related_acts": "",
"section_id": 204
},
{
"act_id": 75,
"details": "162.(1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall, if reduced into writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police-diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, the Court shall on the request of the accused, refer to such writing and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by section 145 of the Evidence Act, 1872. When any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination: Provided, further that, if the Court is of opinion that any part of any such statement is not relevant to the subject-matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but not the reasons therefor) and shall exclude such part from the copy of the statement furnished to the accused. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of section 32, clause (1), of the Evidence Act, 1872 or to affect the provisions of section 27 of that Act.",
"name": "Statements to police not to be signed; use of such statements in evidence",
"related_acts": "24,24",
"section_id": 205
},
{
"act_id": 75,
"details": "163.(1) No police-officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, 1872, section 24. (2) But no police-officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will.",
"name": "No inducement to be offered",
"related_acts": "24",
"section_id": 206
},
{
"act_id": 75,
"details": "164.(1) 191Any Metropolitan Magistrate, any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the Government may, if he is not a police-officer record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial. (2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried. (3) A Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and, when he records any confession, he shall make a memorandum at the foot of such record to the following effect:- \"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A.B.\t Magistrate.\" Explanation-It is not necessary that the Magistrate receiving and recording a confession or statement should be a Magistrate having jurisdiction in the case.",
"name": "Power to record statements and confessions",
"related_acts": "",
"section_id": 207
},
{
"act_id": 75,
"details": "165.(1) Whenever an officer in charge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station: Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except,- (a) \tfor the purpose of investigating an offence under sections 403, 406, 408 and 409 and section 421 to 424 both inclusive and sections 465 to 477A (both inclusive) of the Penal Code with the prior permission in writing of a Sessions Judge; and (b) \tin other cases, with the prior permission in writing of the High Court Division. (2) \tA police-officer proceeding under sub-section (1) shall, if practicable, conduct the search in person. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may after recording in writing his reasons for so doing require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying the place to be searched and, so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in section 102 and section 103 shall, so far as may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier of the place searched shall on application be furnished with a copy of the same by the Magistrate: Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.",
"name": "Search by police-officer",
"related_acts": "",
"section_id": 208
},
{
"act_id": 75,
"details": "166.(1) An officer in charge of a police-station or a police-officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police-station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made. (3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police-station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police-station or a police-officer making an investigation under this Chapter to search, or cause to be searched, any place in the limits of another police-station, in accordance with the provisions of section 165, as if such place were within the limits of his own station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police-station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in section 165, sub-sections (1) and (3). (5) The owner or occupier of the place searched shall, on application, be furnished with a copy of any record sent to the Magistrate under sub-section (4): Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.",
"name": "When officer-in-charge of police station may require another to issue search-warrant",
"related_acts": "",
"section_id": 209
},
{
"act_id": 75,
"details": "167.(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 61, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police-station or the police-officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the 192nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case from time to time authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or 193send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that no Magistrate of the third class, and no Magistrate of the second class not specially empowered in this behalf by the Government shall authorize detention in the custody of the police. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. 194(4) If such order is given by a Magistrate other than the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, he shall forward a copy of his order, with his reasons for making it to the Chief Metropolitan Magistrate or to the Chief Judicial Magistrate to whom he is subordinate. 195(4A) If such order is given by a Chief Metropolitan Magistrate or a Chief Judicial Magistrate, he shall forward a copy of his order, with reasons for making it to the Chief Metropolitan Sessions Judge or to the Sessions Judge to whom he is subordinate. 196 (5) If the investigation is not concluded within one hundred and twenty days from the date of receipt of the information relating to the commission of the offence or the order of the Magistrate for such investigation- (a)\tthe Magistrate empowered to take cognizance of such offence or making the order for investigation may, if the offence to which the investigation relates is not punishable with death, imprisonment for life or imprisonment exceeding ten years, release the accused on bail to the satisfaction of such Magistrate; and (b)\tthe Court of Session may, if the offence to which the investigation relates is punishable with death, imprisonment for life or imprisonment exceeding ten years, release the accused on bail to the satisfaction of such Court: Provided that if an accused is not released on bail under this sub-section, the Magistrate or, as the case may be, the Court of Session shall record the reasons for it: Provided further that in cases in which sanction of appropriate authority is required to be obtained under the provisions of the relevant law for prosecution of the accused, the time taken for obtaining such sanction shall be excluded from the period specified in this sub-section. Explanation-The time taken for obtaining sanction shall commence from the day the case, with all necessary documents, is submitted for consideration of the appropriate authority and be deemed to end on the day of the receipt of the sanction order of the authority. (6)-(7A) Omitted by section 2 of the Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992). (8)\tThe provisions of sub-section (5) shall not apply to the investigation of an offence under section 400 or section 401 of the Penal Code, 1860 (Act XLV of 1860).",
"name": "Procedure when investigation cannot be completed in twenty-four hours",
"related_acts": "11",
"section_id": 210
},
{
"act_id": 75,
"details": "168. When any subordinate police-officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police-station.",
"name": "Report of investigation by subordinate police-officer",
"related_acts": "",
"section_id": 211
},
{
"act_id": 75,
"details": "169. If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or to the police-officer making the investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police-report and to try the accused or 197send him for trial.",
"name": "Release of accused when evidence deficient",
"related_acts": "",
"section_id": 212
},
{
"act_id": 75,
"details": "170.(1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police-station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police-report and to try the accused or 198send him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer-in-charge of a police-station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section , he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be ) in the matter of the charge against the accused. (3) If the Court of the 199Chief Metropolitan Magistrate, 200or the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.",
"name": "Case to be sent to Magistrate when evidence is sufficient",
"related_acts": "",
"section_id": 213
},
{
"act_id": 75,
"details": "171. 201(1) No complainant or witness on his way to the Court of the Magistrate shall be required to accompany a police-officer,",
"name": "Complainants and witnesses not to be required to accompany Police-Officer",
"related_acts": "",
"section_id": 214
},
{
"act_id": 75,
"details": "or shall be subjected to unnecessary restraint or incon-venience, or required to give any security for his appearance other than his own bond:",
"name": "Complainants and witnesses not to be subjected to restraint",
"related_acts": "",
"section_id": 215
},
{
"act_id": 75,
"details": "Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police-station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 202(2) Notwithstanding anything contained in sub-section (1), it shall be the responsibility of the police-officer to ensure that the complainant or the witness appears before the Court at the time of hearing of the case.",
"name": "Recusant complainant or witness may be forwarded in custody",
"related_acts": "",
"section_id": 216
},
{
"act_id": 75,
"details": "172.(1) Every police-officers making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) Any Criminal Court may send for the police-diaries of a case under inquiry or trial in such Court and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, not shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police-officer who made them, to refresh his memory or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, 1872, section 161 or section 145, as the case may be, shall apply.",
"name": "Diary of proceedings in investigation",
"related_acts": "24",
"section_id": 217
},
{
"act_id": 75,
"details": "173.(1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer in charge of the police-station shall- (a) \tforward to a Magistrate empowered to take cognizance of the offence on a police-report a report, in the form prescribed by the Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and (b) \tcommunicate, in such manner as may be prescribed by the Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given. (2) Where a superior officer of police has been appointed under section 158, the report shall in any cases in which the Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer-in-charge of the police-station to make further investigation. (3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. 203(3A) When such report is in respect of a case to which section 170 applies, the police-officer shall forward to the Magistrate along with the report- (a) \tall documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) \tthe statements recorded under sub-section (3) of section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (3B) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (1) has been forwarded to the Magistrate and, whereupon such investigation, the officer in charge of the police-station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-section (1) to (3A) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (1). (4) a copy of any report forwarded under this section shall on application, be furnished to the accused before the commencement of the inquiry or trial: Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost.",
"name": "Report of police-officer",
"related_acts": "",
"section_id": 218
},
{
"act_id": 75,
"details": "174.(1) The officer in charge of a police-station or some other police-officer specially empowered by the Government in that behalf, on receiving information that a person- (a) \thas committed suicide, or (b) has been killed by another, or by an animal, or by machinery or by an accident, or (c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence, shall immediately give intimation thereof to the 204nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the Government, or by any general or special order 205of the District Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted: Provided that, unless the Government otherwise directs, it shall not be necessary under this sub-section, in any case where the death or any person has been caused by enemy action, to make any investigation or to draw up any report or to send any intimation to a Magistrate empowered to hold inquests. (2) The report shall be signed by such police-officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to 206 the District Magistrate. (3) When there is any doubt regarding the cause of death, or when for any other reason the police-officer considers it expedient so to do, he shall, subject to such rules as the Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4)\tOmitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949. 207(5) The following Magistrates are empowered to hold inquest, namely, any District Magistrate or any other Executive Magistrate specially empowered in this behalf by the Government or the District Magistrate.",
"name": "Police to inquire and report on suicide, etc.",
"related_acts": "",
"section_id": 219
},
{
"act_id": 75,
"details": "175.(1) A police-officer proceeding under section 174 may, by order in writing summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case. Every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police-officer to attend a Magistrate's Court.",
"name": "Power to summon persons",
"related_acts": "",
"section_id": 220
},
{
"act_id": 75,
"details": "176.(1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and, in any other case mentioned in section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police-officer, and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case.",
"name": "Inquiry by Magistrate into cause of death",
"related_acts": "",
"section_id": 221
},
{
"act_id": 75,
"details": "(2) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may, cause the body to be disinterred and examined.",
"name": "Power to disinter corpses",
"related_acts": "",
"section_id": 222
},
{
"act_id": 75,
"details": "177. Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.",
"name": "Ordinary place of inquiry and trial",
"related_acts": "",
"section_id": 223
},
{
"act_id": 75,
"details": "178. Notwithstanding anything contained in section 177, the Government may direct that any cases or class of cases 208sent for trial in any district may be tried in any sessions division: 209* * *",
"name": "Power to order cases to be tried in different sessions divisions",
"related_acts": "",
"section_id": 224
},
{
"act_id": 75,
"details": "179. When a person is accused of the commission of any offence by reason of anything which has been done, and of any consequence which has ensued, such offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done, or any such consequence has ensued. Illustrations (a) A is wounded within the local limits of the jurisdictions of Court X, and dies within the local limits of the jurisdiction of Court Z. The offence of the culpable homicide of A may be required into or tried by X or Z. (b) A is wounded within the local limits of the jurisdiction of Court X, and is, during ten days within the local limits of the jurisdiction of Court Y, and during ten days more within the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y, or Court Z, to follow his ordinary pursuits. The offence of causing grievous hurt to a may be inquired into or tried by X, Y or Z. (c) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is thereby induced, within the local limits of the jurisdiction of Court Y, to deliver property to the person who put him in fear. The offence of extortion committed on a may be inquired into or tried either by X or Y. (d) A is wounded in 210Dhaka, and dies of his wounds in 211Chittagong. The offence of causing A's death may be inquired into and tried in 212Chittagong.",
"name": "Accused triable in district where act is done or where consequence ensues",
"related_acts": "",
"section_id": 225
},
{
"act_id": 75,
"details": "180. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done. Illustrations (a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the court within the local limits of whose jurisdiction the offence abetted was committed. (b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limits of whose jurisdiction the goods were stolen, or by any Court within the local limits of whose jurisdiction any of them were at any time dishonestly received or retained. (c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing, or by the Court within the local limits of whose jurisdiction the kidnapping, took place.",
"name": "Place of trial where act is offence by reason of relation to other offence",
"related_acts": "",
"section_id": 226
},
{
"act_id": 75,
"details": "181.(1) The offence of being a thug, of being a thug and committing murder, of dacoity, of dacoity with murder, of having belonged to a gang of dacoits, or of having escaped from custody, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.",
"name": "Being a thug or belonging to a gang of dacoits, escape from custody, etc.",
"related_acts": "",
"section_id": 227
},
{
"act_id": 75,
"details": "(2) The offence of Criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received or retained by the accused person, or the offence was committed.",
"name": "Criminal misappropriation and criminal breach of trust",
"related_acts": "",
"section_id": 228
},
{
"act_id": 75,
"details": "(3) The offence of theft, or any offence which includes theft or the possession of stolen property, may be inquired into or tried by a Court within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the same knowing or having reason to believe it to be stolen.",
"name": "Theft",
"related_acts": "",
"section_id": 229
},
{
"act_id": 75,
"details": "(4) The offence of kidnapping or abduction may be inquired into or tried by a Court within the local limits of whose jurisdiction the person kidnapped or abducted was kidnapped or abducted or was conveyed or concealed or detained.",
"name": "Kidnapping and abduction",
"related_acts": "",
"section_id": 230
},
{
"act_id": 75,
"details": "182. When it is uncertain in which of several local areas an offence was committed, or where an offence is committed partly in one local area and partly in another, or where an offence is a continuing one, and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.",
"name": "Place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several acts",
"related_acts": "",
"section_id": 231
},
{
"act_id": 75,
"details": "183. An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage.",
"name": "Offence committed on a journey",
"related_acts": "",
"section_id": 232
},
{
"act_id": 75,
"details": "184. Repealed by section 3 and 2nd Schedule of the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).",
"name": "Repealed",
"related_acts": "",
"section_id": 233
},
{
"act_id": 75,
"details": "185.(1) Whenever a question arises as to which of two or more Courts subordinate to 213* * * High Court Division ought to inquire into or try any offence, it shall be decided by 214the High Court Division. (2). Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "High Court Division to decide, in case of doubt, district where inquiry or trial shall take place",
"related_acts": "430",
"section_id": 234
},
{
"act_id": 75,
"details": "(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court Division.",
"name": "Magistrate's procedure on arrest",
"related_acts": "",
"section_id": 235
},
{
"act_id": 75,
"details": "186.(1) When 215a Metropolitan Magistrate 216or a Magistrate of the first class, sees reason to believe that any person within the local limits of his jurisdiction has committed without such limits (whether within or without Bangladesh, an offence which cannot, under the provisions of sections 177 to 217183 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in Bangladesh, such Magistrate may inquire into the offence as if it had been committed within such local limits and compel such person in manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.",
"name": "Power to issue summons or warrant for offence committed beyond local jurisdiction",
"related_acts": "",
"section_id": 236
},
{
"act_id": 75,
"details": "187.(1) If the person has been arrested under a warrant issued under section 186 by a Magistrate 218such Magistrate shall send the person arrested to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person in which case the person arrested shall be delivered to the police-officer executing such warrant or shall be sent to the Magistrate by whom such warrant was issued. (2) If the offence which the person arrested is alleged or suspected to have committed is one which may be inquired into or tried by any Criminal Court in the same district other than that of the Magistrate acting under section 186 such Magistrate shall send such person to such Court.",
"name": "Procedure where warrant issued by subordinate Magistrate",
"related_acts": "",
"section_id": 237
},
{
"act_id": 75,
"details": "188. When a citizen of Bangladesh commits an offence at any place without and beyond the limits of Bangladesh, or 219* * * When any person commits an offence on any ship or aircraft registered in Bangladesh wherever it may be, he may be dealt with in respect of such offence as if it had been committed at any place within Bangladesh at which he may be found:",
"name": "Liability for offences committed outside Bangladesh",
"related_acts": "",
"section_id": 238
},
{
"act_id": 75,
"details": "Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Bangladesh 220except with the sanction of the Government: Provided, also, that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence had been committed in Bangladesh shall be a bar to further proceedings against him under 221the Extradition Act, 1974, in respect of the same offence in any territory beyond the limits of Bangladesh.",
"name": "Political Agents to certify fitness of inquiry into charge",
"related_acts": "479",
"section_id": 239
},
{
"act_id": 75,
"details": "189. Whenever any such offence as is referred to in section 188 is being inquired into or tried, the Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before 222* * * a judicial officer in or for the territory in which such offence is alleged to have been committed shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.",
"name": "Power to direct copies of depositions and exhibits to be received in evidence",
"related_acts": "",
"section_id": 240
},
{
"act_id": 75,
"details": "190.(1) Except as hereinafter provided, any 223Chief Metropolitan Magistrate, 224Metropolitan Magistrate, 225Chief Judicial Magistrate, Magistrate of the first class, and any other Magistrate specially empowered in this behalf under sub-section (2) or (3), may take cognizance of any offence- (a) \tupon receiving a complaint of facts which constitute such offence; (b) \tupon a report in writing of such facts made by any police-officer; (c) \tupon information received from any person other than a police-officer, or upon his own knowledge or suspicion, that such offence has been committed. 226(2) the Government may, and subject to any general or special order issued in this behalf by the High Court Division, the Chief Judicial Magistrate may empower any Magistrate of the second or third class to take cognizance under sub-section (1) clause (a) or clause (b) of offences which he may \ttry or send for trial (3) The Government may empower any Magistrate of the 227*** second class to take cognizance under sub-section (1), clause (c), of offences for which he may try or 228send for trial. 229(4) Notwithstanding anything contained to the contrary in this section or elsewhere in this Code, the Government may, by an order specifying the reasons and period stated therein, empower any Executive Magistrate to take cognizance under clause (a), (b) or (c) or sub-section (1), of offences and the Executive Magistrate shall send it for trial to the court of competent jurisdiction.",
"name": "Cognizance of offences by Magistrates",
"related_acts": "",
"section_id": 241
},
{
"act_id": 75,
"details": "191. When a Magistrate takes cognizance of an offence under sub-section (1), clause (c), of the preceding section, the accused shall, before any evidence is taken, be informed that he is entitled to have the case tried by another Court, and if the accused, or any of the accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being tried by such Magistrate, be 231sent to the Court of Session or transferred to another Magistrate.",
"name": "Transfer *** on application of accused",
"related_acts": "",
"section_id": 242
},
{
"act_id": 75,
"details": "192.(1) 232 233The Chief Metropolitan Magistrate, or 234any Chief Judicial Magistrate may transfer any case, of which he has taken cognizance, for inquiry or trial, to any Magistrate sub-ordinate to him. (2) Any 235Chief Judicial Magistrate may empower any Magistrate of the first class who has taken cognizance of any case to transfer it for inquiry or trial to any other specified Magistrate in his district who is competent under this Code to try accused or 236send him for trial; and such Magistrate may dispose of the case accordingly.",
"name": "Transfer of cases by Magistrates",
"related_acts": "",
"section_id": 243
},
{
"act_id": 75,
"details": "193.(1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the accused has been 237sent to it by a Magistrate duly empowered in that behalf. (2) Additional Sessions Judges and 238Joint Sessions Judges shall try such cases only as the Government by general or special order may direct them to try, or as the Sessions Judge of the division, by general or special order, may make over to them for trial.",
"name": "Cognizance offences by Courts of Session",
"related_acts": "",
"section_id": 244
},
{
"act_id": 75,
"details": "194. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 245
},
{
"act_id": 75,
"details": "195.(1) No Court shall take cognizance:- (a) \tof any offence punishable under sections 172 to 188 of the Penal Code, except on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate;",
"name": "Prosecution for contempt of lawful authority of public servants",
"related_acts": "",
"section_id": 246
},
{
"act_id": 75,
"details": "(b) \tof any offence punishable under any of the following sections of the same Code, namely, sections 193, 194, 195, 196, 199, 200, 205, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing of such Court or of some other Court to which such Court is subordinate; or",
"name": "Prosecution for certain offences against public justice",
"related_acts": "",
"section_id": 247
},
{
"act_id": 75,
"details": "(c) \tof any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any \tCourt in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate. (2) \tIn clauses (b) and (c) of sub-section (1), the term \"Court\" includes a Civil, Revenue or Criminal Court, but does not include a Registrar or Sub-Registrar under the 239Registration Act, 1908. (3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such Civil Court is situate: Provided that- (a) \twhere appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such court shall be deemed to be subordinate; and (b) \twhere appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. (4) The provisions of sub-section (1), with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences, and attempts to commit them. (5) Where a complaint has been made under sub-section (1), clause (a), by a public servant, any authority to which such public servant is subordinate may order the withdrawal of the complaint and, if it does so, it shall forward a copy of such order to the Court and, upon receipt thereof by the Court, no further proceedings shall be taken on the complaint.",
"name": "Prosecution for certain offences relating to documents given in evidence",
"related_acts": "90",
"section_id": 248
},
{
"act_id": 75,
"details": "196. No Court shall take cognizance of any offence punishable under Chapter VI or IXA of the Penal Code (except section 127), or punishable under section 108A, or section 153A, or section 294A, or section 295A or section 505 of the same Code, unless upon complaint made by order of, or under authority from, the 240Government, or some officer empowered in this behalf by the Government.",
"name": "Prosecution for offences against the State",
"related_acts": "",
"section_id": 249
},
{
"act_id": 75,
"details": "241196A. No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120B of the Penal Code, (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of section 196 apply, unless upon complaint made by order or under authority from the 242Government, or some officer empowered in this behalf by the Government, or. (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence not punishable with death, transportation or rigorous imprisonment for a term of two years or upwards, unless the 243Government, 244*** or a District Magistrate empowered in this behalf by the Government, has, by order in writing consented to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of sub-section (4) of section 195 apply no such consent shall be necessary.",
"name": "Prosecution for certain classes of criminal conspiracy",
"related_acts": "",
"section_id": 250
},
{
"act_id": 75,
"details": "245196B.\tIn the case of any offence in respect of which the provisions of section 196 or section 196A apply, 246 247*** a District Magistrate may, notwithstanding anything contained in those sections or in any other part of this Code, order a preliminary investigation by a police-officer not being below the rank of Inspector, in which case such police-officer shall have the powers referred to in section 155, sub-section (3).",
"name": "Preliminary inquiry in certain cases",
"related_acts": "",
"section_id": 251
},
{
"act_id": 75,
"details": "197.(1) When any person who is a Judge within the meaning of section 19 of the Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the 248previous sanction of the Government- 249* * *",
"name": "Prosecution of Judges and public servants",
"related_acts": "",
"section_id": 252
},
{
"act_id": 75,
"details": "(2) 250The Government may determine the person by whom, the manner in which, the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.",
"name": "Power of Government as to prosecution",
"related_acts": "",
"section_id": 253
},
{
"act_id": 75,
"details": "198. No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Penal Code or under sections 493 to 496 (both inclusive) of the same Code, except upon a complaint made by some person aggrieved by such offence: Provided that, where the person so aggrieved is a woman who, according to the customs and manners of the country, ought not to be compelled to appear in public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his or her behalf: Provided further that where the husband aggrieved by an offence under section 494 of the said code is serving in any of the armed forces of Bangladesh under conditions which are certified by the Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other persons authorized by the husband in accordance with the provisions of sub-section (1) of section 199B may, with the leave of the Court, make a complaint on his behalf.",
"name": "Prosecution for breach of contract, defamation and offences against marriage",
"related_acts": "",
"section_id": 254
},
{
"act_id": 75,
"details": "199. No Court shall take cognizance of an offence under section 497 or section 498 of the Penal Code, except upon a complaint made by the husband of the woman, or, in his absence, made with the leave of the Court by some person who had care of such woman on his behalf at the time when such offence was committed: Provided that, where such husband is under the age of eighteen years, or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the Court, make a complaint on his behalf: Provided further that where such husband is serving in any of the armed forces of Bangladesh under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, and where for any reason no complaint has been made by a person having care of the woman as aforesaid, some other person authorized by the husband in accordance with the provisions of sub-section (1) of section 199B may, with the leave of the Court, make a complaint on his behalf.",
"name": "Prosecution for adultery or enticing a married woman",
"related_acts": "",
"section_id": 255
},
{
"act_id": 75,
"details": "251199A. When in any case falling under section 198 or section 199, the person on whose behalf the complaint is sought to be made is under the age of eighteen years or is a lunatic, and the person applying for leave has not been appointed or declared by competent authority to be the guardian of the person of the said minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, notice shall be given to such guardian, and the Court shall, before granting the application, give him a reasonable opportunity of objecting to the granting thereof.",
"name": "Objection by lawful guardian to compliant by person other than person aggrieved",
"related_acts": "",
"section_id": 256
},
{
"act_id": 75,
"details": "252199B.(1) The authorization of a husband given to another person to make a complaint on his behalf under the second proviso to section 198 or the second proviso to section 199 shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by the Officer referred to in the said provisos, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. (2) Any document purporting to be such an authorization and complying with the provisions of sub-section (1), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine, and shall be received in evidence.",
"name": "Form of authorization under second proviso to section 198 or 199",
"related_acts": "",
"section_id": 257
},
{
"act_id": 75,
"details": "200. A Magistrate taking cognizance of an offence on complaint shall at once examine 253upon oath the complainant and such of the witnesses present, if any, as he may consider necessary, and the substance of the examination shall be reduced to writing and shall be signed 254by the complainant or witness so examined, and also by the Magistrate: Provided as follows:- (a) \twhen the complaint is made in writing, nothing herein contained shall be deemed to require 255such examination before transferring the case under section 192; (aa)\twhen the complaint is made in writing nothing herein contained shall be deemed to require 256such examination in any case in which the complaint has been made by a Court or by a public servant acting or purporting to act in the discharge of his official duties; 257* * * (c) \twhen the case has been transferred under section 192 and the Magistrate so transferring it has already 258examined the complainant and witness if any, the Magistrate to whom it is so transferred shall not be bound to 259re-examine them.",
"name": "Examination of complainant",
"related_acts": "",
"section_id": 258
},
{
"act_id": 75,
"details": "201.(1) If the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper Court with an endorsement to that effect. (2)\tIf the complaint has not been made in writing, such Magistrate shall direct the complainant to the proper Court.",
"name": "Procedure by Magistrate not competent to take cognizance of the case",
"related_acts": "",
"section_id": 259
},
{
"act_id": 75,
"details": "202.(1) Any Magistrate, on receipt of a complaint of an offence of he is authorized to take cognizance, or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself or, if he is a Magistrate other than a Magistrate of the third class, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a police-officer, or by such other person as he thinks fit, for the purpose of ascertaining the truth of falsehood of the complaint: Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the 260provisions of section 200 have been complied with 261: 262* * * 263Provided further that where it appears to the Magistrate that the offence complained of is triable exclusively by a Court of Session, the Magistrate may postpone the issue of process for compelling the attendance of the person complained against and may make or cause to be made an inquiry or investigation as mentioned in this sub-section for the purpose of ascertaining the truth or falsehood of the complaint. (2) If any inquiry or investigation under this section is made by a person not being a Magistrate or a police-officer, such person shall exercise all the powers conferred by this Code on an officer in charge of a police-station, except that he shall not have power to arrest without warrant. (2A) Any Magistrate inquiring into a case under this section may, if he thinks, fit, take evidence of witnesses on oath 264: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. 265(2B) Where the police submits the final report, the Magistrate shall be competent to accept such report and discharge the accused.",
"name": "Postponement for issue of process",
"related_acts": "",
"section_id": 260
},
{
"act_id": 75,
"details": "203. The Magistrate before whom a complaint is made or to whom it has been transferred, may dismiss the complaint, if after considering the statement on oath (if any) of the complainant and the result of the investigation or inquiry (if any) under section 202; there is in his judgment no sufficient ground for proceeding. In such cases he shall briefly record his reasons for so doing.",
"name": "Dismissal of complaint",
"related_acts": "",
"section_id": 261
},
{
"act_id": 75,
"details": "204.(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be one in which, according to the fourth column of the second schedule, a summons should issue in the first instance, he shall issue his summons for the attendance of the accused. If the case appears to be one in which, according to that column, a warrant should issue in the first instance, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has not jurisdiction himself) some other Magistrate having jurisdiction. 266(1A) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (1B) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (2) Nothing in this section shall be deemed to affect the provisions of section 90. (3) When by any law for the time being in force any process fees or other fees are payable, no process shall be issued until the fees are paid, and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.",
"name": "Issue of process",
"related_acts": "",
"section_id": 262
},
{
"act_id": 75,
"details": "205.(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused, and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in manner hereinbefore provided.",
"name": "Magistrate may dispense with personal attendance of accused",
"related_acts": "",
"section_id": 263
},
{
"act_id": 75,
"details": "267205A and 205B. Omitted by section 13 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).",
"name": "Omitted & 205B.\tOmitted",
"related_acts": "",
"section_id": 264
},
{
"act_id": 75,
"details": "205C. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- (a) \tsend the case to the Court of Session; (b)\tsubject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c)\tsend to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d)\tnotify the Public Prosecutor of the transfer of the case to the Court of Session.",
"name": "Transfer of case of Court of Session when offence is trial exclusively by it",
"related_acts": "",
"section_id": 265
},
{
"act_id": 75,
"details": "269205CC.(1) When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the 270Chief Metropolitan Magistrate, 271 or Chief Judicial Magistrate, he shall- (a) send the case to the 272Chief Metropolitan Magistrate or, as the case may be, 273Chief Judicial Magistrate; (b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to the Chief Metropolitan Magistrate or, as the case may be, 274Chief Judicial Magistrate the record of the case and the documents and articles, if any, which are to be produced in evidence. (2) The 275Chief Judicial Magistrate or the Chief Metropolitan Magistrate may direct that any case received by him under sub-section (1) or any class of such cases shall be heard by any 276Additional Chief Metropolitan Magistrate or, Additional Chief Judicial Magistrate subordinate to him.",
"name": "Transfer of case to Chief Metropolitan Magistrate, Chief Judicial Magistrate, etc.",
"related_acts": "",
"section_id": 266
},
{
"act_id": 75,
"details": "205D.(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police-officer conducting the investigation. (2) If a report is made by the investigating police-officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.",
"name": "Procedure to be followed when there is a complaint case and police investigation in respect of the same offence",
"related_acts": "",
"section_id": 267
},
{
"act_id": 75,
"details": "Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "(206-220) Omitted",
"related_acts": "579",
"section_id": 268
},
{
"act_id": 75,
"details": "221.(1) Every charge under this Code shall state the offence with which the accused is charged.",
"name": "Charge to state offence",
"related_acts": "",
"section_id": 269
},
{
"act_id": 75,
"details": "(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.",
"name": "Specific name of offence sufficient description",
"related_acts": "",
"section_id": 270
},
{
"act_id": 75,
"details": "(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.",
"name": "How stated where offence has no specific name",
"related_acts": "",
"section_id": 271
},
{
"act_id": 75,
"details": "(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.",
"name": "What implied in charge",
"related_acts": "",
"section_id": 272
},
{
"act_id": 75,
"details": "(6) The charge shall be written either in English or in the language of the Court.",
"name": "Language of charge",
"related_acts": "",
"section_id": 273
},
{
"act_id": 75,
"details": "(7) If the accused having been previously convicted of any offence is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge. If such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations (a) A is charged with the murder of B. This equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Penal Code; that it did not fall within any of the general exceptions of the same Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisions to that exception apply to it. (b) A is charged, under section 326 of the Penal Code with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the Penal Code, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in the Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge. (d) A is charged, under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.",
"name": "Previous conviction when to be set out",
"related_acts": "",
"section_id": 274
},
{
"act_id": 75,
"details": "222.(1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money, it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 234:",
"name": "Particulars as to time, place and person",
"related_acts": "",
"section_id": 275
},
{
"act_id": 75,
"details": "223. When the nature of the case is such that the particulars mentioned in sections 221 and 222 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. Illustrations (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.",
"name": "When manner of committing offence must be stated",
"related_acts": "",
"section_id": 276
},
{
"act_id": 75,
"details": "224. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.",
"name": "Words in charge taken in sense of law under which offence is punishable",
"related_acts": "",
"section_id": 277
},
{
"act_id": 75,
"details": "225. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations (a) A is charged under section 242 of the Penal Code, with \"having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,\" the word \"fraudulently\" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haider Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haider Baksh. The Court may infer from this that A was misled, and that the error was material.",
"name": "Effect of errors",
"related_acts": "",
"section_id": 278
},
{
"act_id": 75,
"details": "226. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 279
},
{
"act_id": 75,
"details": "227.(1) Any Court may alter or add to any charge at any time before judgment is pronounced 277* * *. (2) Every such alteration or addition shall be read and explained to the accused.",
"name": "Court may alter charge",
"related_acts": "",
"section_id": 280
},
{
"act_id": 75,
"details": "228. If the charge framed or alteration or addition made under 278* * * section 227 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such charge or alteration or addition has been framed or made proceed with the trial as if the new or altered charged had been the original charge.",
"name": "When trial may proceed immediately after alteration",
"related_acts": "",
"section_id": 281
},
{
"act_id": 75,
"details": "229. If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.",
"name": "When new trial may be directed, or trial suspended",
"related_acts": "",
"section_id": 282
},
{
"act_id": 75,
"details": "230. If the offence stated in the new or altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.",
"name": "Stay of proceedings if prosecution of offence in altered charge require previous sanction",
"related_acts": "",
"section_id": 283
},
{
"act_id": 75,
"details": "231. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to re-call or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined and also to call any further witness whom the Court may think to be material.",
"name": "Recall of witnesses when charge altered",
"related_acts": "",
"section_id": 284
},
{
"act_id": 75,
"details": "232.(1) If any Appellate Court, or the High Court Division in the exercise of its powers of revision or of its powers under Chapter XXVII, is of opinion that any person convicted of an offence was misled in his defence by the absence of a charge or by an error in the charge, it shall direct a new trial to be had upon a charge framed in whatever manner it thinks fit. (2) \tIf the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. Illustration A is convicted of an offence, under section 196 of the Penal Code, upon a charge which omits to state that he knew the evidence, which he corruptly used or attempted to use as true or genuine, was false or fabricated. If the Court thinks it probable that A had such knowledge, and that he was misled in his defence by the omission from the charge of the statement that he had it, it shall direct a new trial upon an amended charge; but, if it appears probable from the proceedings that A had no such knowledge, it shall quash the conviction.",
"name": "Effect of material error",
"related_acts": "",
"section_id": 285
},
{
"act_id": 75,
"details": "233. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 234, 235, 236 and 239. Illustration A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.",
"name": "Separate charges for distinct offences",
"related_acts": "",
"section_id": 286
},
{
"act_id": 75,
"details": "234.(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Penal Code or of any special 279* * * law: Provided that, for the purpose of this section, an offence punishable under section 379 of the Penal Code shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the Penal Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.",
"name": "Three offences of same kind within year may be charged together",
"related_acts": "",
"section_id": 287
},
{
"act_id": 75,
"details": "235.(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.",
"name": "Trial for more than one offence",
"related_acts": "",
"section_id": 288
},
{
"act_id": 75,
"details": "(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.",
"name": "Offence falling within two definitions",
"related_acts": "",
"section_id": 289
},
{
"act_id": 75,
"details": "(3) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for, the offence constituted by such acts when combined, and for any offence constituted by anyone, or more, of such acts. (4) Nothing contained in this section shall affect the Penal Code, section 71. Illustrations to sub-section (1)- (a)\tA rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sections 225 and 333 of the Penal Code. (b)\tA commits house-breaking by day with intent to commit adultery, and commits in the house so entered adultery with B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Penal Code. (c)\tA entices B. the wife of C, away from C, with intent to commit adultery with, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Penal Code. (d)\tA has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Penal Code. A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Penal Code. (e)\tWith intent of cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charges. A may be separately charged with, and convicted of, two offences under section 211 of the Penal Code. (f)\tA, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 211 and 194 of the Penal Code. (g)\tA, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavoring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the Penal Code. (h)\tA threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Penal Code. The separate changes referred to in Illustrations (a) to (h) respectively may be tried at the same time. to sub-section (2)- (i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sections 352 and 323 of the Penal Code. (j)\tSeveral stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with, and convicted of, offences under sections 411 and 414 of the Penal Code. (k)\tA exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under sections 317 and 304 of the Penal Code. (l)\tA dishonesty uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with, and convicted of, offences under sections 471 (read with 466) and 196 of the same Code. to sub-section (3)- (m)\tA commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the Penal Code.",
"name": "Acts constituting one offence, but constituting when combined a different offence",
"related_acts": "",
"section_id": 290
},
{
"act_id": 75,
"details": "236. If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. Illustrations (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. (b) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.",
"name": "Where it is doubtful what offence has been committed",
"related_acts": "",
"section_id": 291
},
{
"act_id": 75,
"details": "237. If, in the case mentioned in section 236, the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Illustration A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be) though he was not charged with such offence.",
"name": "When a person is charged with one offence, he can be convicted of another",
"related_acts": "",
"section_id": 292
},
{
"act_id": 75,
"details": "238.(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (2A) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as required by that section. Illustrations (a) A is charged, under section 407 of the Penal Code, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 in respect of the property but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406. (b) A is charged under section 325 of the Penal Code, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.",
"name": "When offence proved included in offence charged",
"related_acts": "",
"section_id": 293
},
{
"act_id": 75,
"details": "239. The following persons may be charged and tried together, namely:- (a) \tpersons accused of the same offence committed in the course of the same transaction; (b) \tpersons accused of an offence and persons accused of abetment, or of an attempt to commit such offence; (c) \tpersons accused of more than one offence of the same kind, within the meaning of section 234 committed by them jointly within the period of twelve months; (d) \tpersons accused of different offences committed in the course of the same transaction; (e) \tpersons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last named offence; (f) \tpersons accused of any offence under sections 411 and 414 of the Penal Code or either of those sections in respect of stolen property the possession of which has been transferred by one offence; and (g) persons accused of any offence under Chapter XII of the Penal Code relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.",
"name": "What persons may be charged jointly",
"related_acts": "",
"section_id": 294
},
{
"act_id": 75,
"details": "240. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges. Such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn.",
"name": "Withdrawal of remaining charges on conviction on one of several charges",
"related_acts": "",
"section_id": 295
},
{
"act_id": 75,
"details": "241. The following procedure shall be observed by Magistrates in the trial of 280cases.",
"name": "Procedure in cases",
"related_acts": "",
"section_id": 296
},
{
"act_id": 75,
"details": "281241A. When the accused appears or is brought before the Magistrate, and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, considers the charge to be groundless, he shall discharge the accused and record his reasons for so doing.",
"name": "When accused shall be discharged",
"related_acts": "",
"section_id": 297
},
{
"act_id": 75,
"details": "282242. 283If, after such consideration and hearing as aforesaid, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence, the Magistrate shall frame a formal charge relating to the offence of which he is accused and he shall be asked whether he admits that he has committed the offence with which he is charged.",
"name": "Charge to be framed",
"related_acts": "",
"section_id": 298
},
{
"act_id": 75,
"details": "243. If the accused admits that he has committed the offence 284with which he is charged, his admission shall be recorded as nearly as possible in the words used by him; and, if he shows no sufficient cause why he should not be convicted, the Magistrate may convict him accordingly.",
"name": "Conviction on admission of truth of accusation",
"related_acts": "",
"section_id": 299
},
{
"act_id": 75,
"details": "244.(1) If the Magistrate does not convict the accused under the preceding section or if the accused does not make such admission, the Magistrate shall proceed to hear the complainant (if any), and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence: Provided that the Magistrate shall not be bound to hear any person as complainant in any case in which the complaint has been made by a Court. (2) The Magistrate may, if he thinks fit, on the application of the complainant or accused, issue a summons to any witness directed him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that his reasonable expenses, incurred in attending for the purposes of the trial, be deposited in Court.",
"name": "Procedure when no such admission is made",
"related_acts": "",
"section_id": 300
},
{
"act_id": 75,
"details": "245.(1) If the Magistrate upon taking the evidence referred to in section 244 and such further evidence (if any) as he may, of his own motion, cause to be produced, and (if he thinks fit) examining the accused, finds the accused not guilty, he shall record an order of acquittal.",
"name": "Acquittal",
"related_acts": "",
"section_id": 301
},
{
"act_id": 75,
"details": "(2) Where the Magistrate does not proceed in accordance with the provisions of section 349 285***, he shall, if he finds the accused guilty, pass sentence upon him according to law.",
"name": "Sentence",
"related_acts": "",
"section_id": 302
},
{
"act_id": 75,
"details": "246. Omitted by section 18 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).",
"name": "Omitted",
"related_acts": "",
"section_id": 303
},
{
"act_id": 75,
"details": "247. If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjoin the hearing of the case to some other day: Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance, and proceed with the case.",
"name": "Non-appearance of complainant",
"related_acts": "",
"section_id": 304
},
{
"act_id": 75,
"details": "248. If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.",
"name": "Withdrawal of complaint",
"related_acts": "",
"section_id": 305
},
{
"act_id": 75,
"details": "249. In any case instituted otherwise than upon complaint, 286a Metropolitan Magistrate, a Magistrate of the first class, or with the previous sanction of the 287Chief Judicial Magistrate, any other Judicial Magistrate, may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction, and may thereupon release the accused.",
"name": "Power to stop proceedings when no complainant",
"related_acts": "",
"section_id": 306
},
{
"act_id": 75,
"details": "250.(1) If in any case instituted upon complaint or upon information given to a police-officer or to a Magistrate, one or more persons is or are accused before a Magistrate or any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is or opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one, or, if such person is not present direct the issue of a summons to him to appear and show cause as aforesaid. (2) \tThe Magistrate shall record and consider any cause which such complainant or information may show and if he is satisfied that the accusation was false and either frivolous or vexatious may, for reasons to be recorded, direct that compensation to such amount not exceeding 288one thousand Taka or, if the Magistrate is a Magistrate of the third Class, not exceeding 289five hundred Taka, as he may determine be paid by such complainant or informant to the accused or to each or any of them. (2A) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall suffer simple imprisonment for a period not exceeding thirty days. (2B) When any person is imprisoned under sub-section (2A), the provisions of sections 68 and 69 of the Penal Code shall, so far as may be, apply. (2C) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (3) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second or third class to pay compensation or has been so ordered by any other Magistrate to pay compensation exceeding 290one hundred taka may appeal from the order, in so far as the order relates to the payment of the compensation, as if such complainant or informant had been convicted on a trial held by such Magistrate. (4) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (3), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if any appeal is presented, before the appeal has been decided and, where such order is made in a case which is not so subject to appeal, the compensation shall not be paid before the expiration of one month from the date of the order. 291(5) Notwithstanding anything contained in this section, the Magistrate may, in addition to the order directing payment of the compensation under sub-section (2), further order that the person ordered to pay such compensation shall also suffer imprisonment for a period not exceeding six months or pay a fine not exceeding three thousand Taka.",
"name": "False, frivolous or vexatious accusations",
"related_acts": "",
"section_id": 307
},
{
"act_id": 75,
"details": "Omitted by section 21 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).",
"name": "(251-259) Omitted",
"related_acts": "",
"section_id": 308
},
{
"act_id": 75,
"details": "260.(1) Notwithstanding anything contained in this Code,- 292(a) \tthe Metropolitan Magistrate 293***, (b) 294any 295*** Magistrate of the first class 296*** , and (c)\tany Bench of Magistrates invested with the powers of a Magistrate of the first class 297***, 298shall try in a summary way all or any of the following offences:- (a) \toffences not punishable with death, transportation or imprisonment for a term exceeding 299two years; (b)\toffences relating to weights and measures under sections 264, 265 and 266 of the Penal Code; (c)\tHurt, under section 323 of the same Code; (d)\ttheft, under section 379, 380 or 381 of the same Code, where the value of the property stolen does not exceed 300ten thousand taka; (e)\tdishonest misappropriation of property under section 403 of the same Code, where the value of the property misappropriated does not exceed 301ten thousand taka; (f)\treceiving or retaining stolen property under section 411 of the same Code, where the value of such property does not exceed 302ten thousand taka; (g)\tassisting in the concealment or disposal of stolen property, under section 414 of the same Code, where the value of such property does not exceed 303ten thousand taka; (h)\tmischief, under 304sections 426 and 427 of the same Code; (i)\t 305criminal trespass, under section 447, and house trespass, under section 448, and offences under sections 451, 453, 454, 456 and 457 or the same Code; (j)\tinsult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506, 306and offences under sections 509 and 510 of the same Code; 307(jj) offence of bribery and personation at an election under sections 171E and 171F of the same Code; (k)\tabetment of any of the foregoing offences; (l)\tan attempt to commit any of the foregoing offences, when such attempt is an offence; (m)\toffences under section 20 of the Cattle-trespass Act,1871: Provided that no case in which a Magistrate exercises the special powers conferred by section 30833A shall be tried in a summary way. (2)\tOmitted by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982).",
"name": "Power to try summarily",
"related_acts": "",
"section_id": 309
},
{
"act_id": 75,
"details": "261. The Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class power to try summarily all or any of the following offences:- (a) \toffences against the Penal Code, sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294, 323, 334, 336, 341, 352, 426, 447 and 504; (b) offences against Municipal Acts, and the conservancy clauses of Police Acts which are punishable only with fine or with imprisonment for a term not exceeding one month with or without fine; (c) \tabatement of any of the foregoing offences; (d) \tan attempt to commit any of the foregoing offences, when such attempt is an offence.",
"name": "Power to invest Bench of Magistrates invested with less power",
"related_acts": "",
"section_id": 310
},
{
"act_id": 75,
"details": "262.(1) In trials under this Chapter, the procedure prescribed 310in Chapter XX shall be followed 311* * * except as hereinafter mentioned.",
"name": "Procedure for summary trials",
"related_acts": "",
"section_id": 311
},
{
"act_id": 75,
"details": "(2) No sentence of imprisonment for a term exceeding 312two years shall be passed in the case of any conviction under this Chapter.",
"name": "Limit of imprisonment",
"related_acts": "",
"section_id": 312
},
{
"act_id": 75,
"details": "263. In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Government may direct the following particulars:- (a) \tthe serial number; (b) \tthe date of the commission of the offence; (c) \tthe date of the report or complaint; (d) \tthe name of the complainant ( if any); (e) \tthe name, parentage and residence of the accused; (f) \tthe offence complained of and the offence (if any) proved, and in cases coming under clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of section 260 the value of the property in respect of which the offence has been committed; (g) \tthe plea of the accused and his examination (if any); (h) \tthe finding, and, in the case of a conviction, a brief statement of the reasons therefor; (i) \tthe sentence or other final order; and (j) \tthe date on which the proceedings terminated.",
"name": "Record in cases where is no appeal",
"related_acts": "",
"section_id": 313
},
{
"act_id": 75,
"details": "264.(1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate or Bench shall, before passing sentence, record judgment embodying the substance of the evidence and also the particulars mentioned in section 263. (2) Such judgment 313and memorandum of the substance of the evidence as required by section 355 shall be the only record in cases coming within this section.",
"name": "Record in appealable cases",
"related_acts": "",
"section_id": 314
},
{
"act_id": 75,
"details": "265.(1) Records made under section 263 and judgments recorded under section 264 shall be written by the presiding officer, either in English or in the language of the Court, or, if the Court to which such presiding officer is immediately sub-ordinate so directs, in such officer's mother-tongue.",
"name": "Language of record and judgment",
"related_acts": "",
"section_id": 315
},
{
"act_id": 75,
"details": "(2) The Government may authorize any Bench of Magistrates empowered to try offences summarily to prepare the aforesaid record or judgment by means of an officer appointed in this behalf by the Court to which such Bench is immediately subordinate, and the record or judgment so prepared shall be signed by each member of such Bench present taking part in the proceedings. (3) If no such authorization be given, the record prepared by a member of the Bench and signed as aforesaid shall be the proper record. (4) If the Bench differ in opinion, any dissentient member may write a separate judgment.",
"name": "Bench may be authorised to employ clerk",
"related_acts": "",
"section_id": 316
},
{
"act_id": 75,
"details": "265A.\tIn every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.",
"name": "Trial to be conducted by Public Prosecutor",
"related_acts": "",
"section_id": 317
},
{
"act_id": 75,
"details": "265B. When the accused appears or is brought before the Court in pursuance of section 205C, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.",
"name": "Opening case for prosecution",
"related_acts": "",
"section_id": 318
},
{
"act_id": 75,
"details": "265C. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Court considers that there is no sufficient ground for proceeding against the accused, it shall discharge the accused and record the reasons for so doing.",
"name": "Discharge",
"related_acts": "",
"section_id": 319
},
{
"act_id": 75,
"details": "265D.(1) If, after such consideration and hearing as aforesaid, the Court is of opinion that there is ground for presuming that the accused has committed an offence, it shall frame in writing a charge against the accused. (2) Where the Court frames a charge under sub-section (1), the charge shall be read and explained to the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.",
"name": "Framing charge",
"related_acts": "",
"section_id": 320
},
{
"act_id": 75,
"details": "265E. If the accused pleads guilty, the Court shall record the plea and may, in its discretion, convict him thereon.",
"name": "Conviction of plea of guilty",
"related_acts": "",
"section_id": 321
},
{
"act_id": 75,
"details": "265F. If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 265E, the Court shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.",
"name": "Date for prosecution evidence",
"related_acts": "",
"section_id": 322
},
{
"act_id": 75,
"details": "265G.(1) On the date so fixed, the Court shall proceed to take all such evidence as may be produced in support of the prosecution. (2) The Court may, in its discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.",
"name": "Evidence of prosecution",
"related_acts": "",
"section_id": 323
},
{
"act_id": 75,
"details": "265H. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Court considers that there is no evidence that the accused committed the offence, the Court shall record an order of acquittal.",
"name": "Acquittal",
"related_acts": "",
"section_id": 324
},
{
"act_id": 75,
"details": "265-I.(1) Where the accused is not acquitted under section 265H, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Court shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Court shall issue such process unless he considers for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.",
"name": "Entering upon defence",
"related_acts": "",
"section_id": 325
},
{
"act_id": 75,
"details": "265J. When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply: Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Court, make his submissions with regard to such point of law.",
"name": "Arguments",
"related_acts": "",
"section_id": 326
},
{
"act_id": 75,
"details": "265K.(1) After hearing arguments and points of law (if any), the Court shall give a judgment in the case. (2)\tOmitted by section 3 of the Code of Criminal Procedure (Second Amendment) Ordinance, 1983 (Ordinance No. XXXVII of 1983).",
"name": "Judgment of acquittal or conviction",
"related_acts": "",
"section_id": 327
},
{
"act_id": 75,
"details": "265L. In a case where a previous conviction is charged under the provisions of sub-section (7) of section 221, and the accused does not admit that he has been previously convicted as alleged in the charge, the Court may, after it has convicted the said accused under section 265E or section 265K, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Court nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 265E or section 265K.",
"name": "Previous conviction",
"related_acts": "",
"section_id": 328
},
{
"act_id": 75,
"details": "337.(1) In the case of any offence triable exclusively by the 315*** Court of Session, or any offence punishable with imprisonment which may extend to ten years, or any offence punishable under section 211 of the Penal Code, with imprisonment which may extend to seven years, or any offence under any of the following sections of the Penal Code, namely, sections 216A, 369, 401, 435 and 477A, 316a Metropolitan Magistrate or any Magistrate of the first class may, at any state of the investigation or inquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof: Provided that, where the offence is under inquiry or trial, no Magistrate of the first class other than the 317Chief Judicial Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no such Magistrate shall exercise the said power unless he is a Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the 318Chief Judicial Magistrate has been obtained to the exercise thereof. (1A) Every Magistrate who tenders a pardon under sub-section (1) shall record his reasons for so doing, and shall, on application made by the accused, furnish him with a copy of such record: Provided that the accused shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost. (2) Every person accepting a tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any. (2A) In every case where a person has accepted a tender of pardon and has been examined under sub-section (2), the Magistrate before whom the proceedings are pending shall, if he is satisfied that there are reasonable grounds for believing that the accused is guilty of an offence, send him for trial to the Court of Session 319* * *. (3) Such persons, unless he is already on bail, shall be detained in custody until the termination of the trial.",
"name": "Tender of pardon to accomplice",
"related_acts": "",
"section_id": 329
},
{
"act_id": 75,
"details": "338. At any time 320before the judgment is passed, the Court of Session trying the case may, with the view of obtaining on the trial the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any such offence, tender, or order 321* * * 322or the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to tender, a pardon on the same condition to such person.",
"name": "Power to direct tender of pardon",
"related_acts": "",
"section_id": 330
},
{
"act_id": 75,
"details": "339D.\tOmitted by section 4 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992).",
"name": "Omitted",
"related_acts": "",
"section_id": 331
},
{
"act_id": 75,
"details": "339.(1) Where a pardon has been tendered under section 337 or section 338, and the Public Prosecutor certifies that in his opinion any person who has accepted such tender has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made such person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter: Provided that such person shall not be tried jointly with any of the other accused, and that he shall be entitled to plead at such trial that he has complied with the conditions upon which such tender was made; in which case it shall be for the prosecution to prove that such conditions have not been complied with. (2) The statement made by a person who has accepted a tender of pardon may be given in evidence against him at such trial. (3) No prosecution for the offence of giving false evidence in respect of such statement shall be entertained without the sanction of the High Court Division.",
"name": "Trial of person to whom pardon has been tendered",
"related_acts": "",
"section_id": 332
},
{
"act_id": 75,
"details": "324339A.(1) The Court trying under section 339 a person who has accepted a tender of pardon shall (a) \tif the Court is 325* * * Court of Session before the charge is read out and explained to the accused under 326section 265D, sub-section (2), and (b) \tif the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made. (2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and 327* * * shall, before judgment is passed in the case find whether or not the accused has complied with the conditions of the pardon and if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal.",
"name": "Procedure in trial of person under section 339",
"related_acts": "",
"section_id": 333
},
{
"act_id": 75,
"details": "328339B. 329(1) Where after the compliance with the requirements of section 87 and section 88, the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the Court taking cognizance of the offence complained of shall, by order 330published in at least two national daily Bengali Newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence. (2) Where in a case after the production or appearance of an accused before the Court or his release on bail, the accused person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, recording its decision so to do, try such person in his absence.",
"name": "Trial in absentia",
"related_acts": "",
"section_id": 334
},
{
"act_id": 75,
"details": "339C.(1) A Magistrate shall conclude the trial of a case within 331one hundred and eighty days from the date on which the case is 332received by him for trial. (2) A Sessions Judge, an Additional Sessions Judge or an Assistant Sessions Judge shall conclude the trial of a case within 333three hundred and sixty days from the date on which the case is received by him for trial. 334(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), where a person is accused in several cases and such cases are brought for trial before a Magistrate or a Court of Session, the time limit specified in sub-section (1) or sub-section (2) for the trial of such cases shall run consecutively. 335(2B) Notwithstanding the transfer of a case from one Court to another Court, the time specified in sub-section (1) or sub-section (2) shall be the time for concluding the trial of a case. (3) Omitted by section 3 of the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No. XLII of 1992). 336(4) If a trial cannot be concluded within the specified time, the accused in the case, if he is accused of a non-bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs. 337(5) Nothing in this section shall apply to the trial of a case under section 400 or 401 of the Penal Code (Act XLV of 1860), or to the trial of case to which the provisions of Chapter XXXIV apply. 338(6) In this section, in determining the time for the purpose of a trial,- 339* * * (b) \tthe days spent on account of the absconsion of an accused after his release on bail, if any, shall not be counted.",
"name": "Time for disposal of cases",
"related_acts": "",
"section_id": 335
},
{
"act_id": 75,
"details": "340.(1) Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader. (2) Any person against whom proceedings are instituted in any such Court under section 107, or under Chapter X, Chapter XI, Chapter XII or Chapter XXXVI, or under section 552, may offer himself as a witness in such proceedings. 340(3) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that- (a) \the shall not be called as a witness except on his own request in writing; or (b) \this failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any persons charged together with him at the same trial.",
"name": "Right of person against whom proceedings are instituted to be defended and his competency to be a witness",
"related_acts": "",
"section_id": 336
},
{
"act_id": 75,
"details": "341. If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than High Court Division, if such 341proceedings result in a conviction, the proceedings shall be forwarded to the High Court Division with a report of the circumstances of the case, and the High Court Division shall pass thereon such order as it thinks fit.",
"name": "Procedure where accused does not understand proceedings",
"related_acts": "",
"section_id": 337
},
{
"act_id": 75,
"details": "342.(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may, at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence. (2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court 342* * * may draw such inference from such refusal or answers as it thinks just. (3) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. (4) \tNo oath shall be administered to the accused.",
"name": "Power to examine the accused",
"related_acts": "",
"section_id": 338
},
{
"act_id": 75,
"details": "343. Except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.",
"name": "No influence to be used to induce disclosures",
"related_acts": "",
"section_id": 339
},
{
"act_id": 75,
"details": "344.(1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefor, from time to time, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:",
"name": "Power to postpone or adjourn proceedings",
"related_acts": "",
"section_id": 340
},
{
"act_id": 75,
"details": "Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time. (2) Every order made under this section by a Court other than High Court Division shall be in writing signed by the presiding Judge or Magistrate.",
"name": "Remand",
"related_acts": "",
"section_id": 341
},
{
"act_id": 75,
"details": "Explanation- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.",
"name": "Reasonable cause for remand",
"related_acts": "",
"section_id": 342
},
{
"act_id": 75,
"details": "345.(1) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table:- Offence. Sections of Penal Code applicable. Persons by whom offence may be compounded. Uttering works, etc., with deliberate intent to wound the religious feelings of any person. 298 The person whose religious feelings are intended to be wounded. Causing hurt 323,334 The person to whom the hurt is caused. Wrongfully restraining or confining any person. 341, 342 The person restained or confined. Assault or use of criminal force 352, 355, 358 The person assaulted or to whom criminal force is used. Unlawful compulsory labour 374 The person compelled to labour. Mischief, when the only loss or damage caused is loss or damage to a private person. 426, 427 The person to whom the loss or damage is caused. Criminal trespass House-trespass 447 448 The person in possession of the property trespassed upon. Criminal breach of contract of service. 490, 491, 492 The person with whom the offender has contracted. Adultery Enticing or taking away or detaining with criminal intent a married woman. 497 498 The husband of the woman. Defamation Printing or engraving matter, knowing it to be defamatory. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 500 501 502 The person defamed. Insult intended to provoke a breach of the peace. 504 The person insulted. Criminal intimidation except when the offence is punishable with imprisonment for seven years. 506 The person intimidated. Act caused by making a person believe that he will be an object of divine displeasure. 508 The person against whom the offence was committed. (2) The offences punishable under the sections of the Penal Code specified in the first two columns of the table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table Offence. Sections of Penal Code applicable. Persons by whom offence may be compounded. Rioting. 147 The person against whom force or violence has been used. Rioting armed with deadly weapon. 148 Ditto. Voluntarily causing hurt by dangerous weapons or means. 324 The person to whom hurt is caused. Voluntarily causing grievous hurt. 325 Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335 The person to whom hurt is caused. 343Act endangering human life or the personal safety of others. 336 Ditto. Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. House-trespass 337 Ditto. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. 338 Ditto. Wrongfully confining a person for three days or more 343 The person confined. 344Wrongfully confining for ten or more days. 344 Ditto. Wrongfully confining a person in secret. 346 Ditto. 345Wrongfully confinement to extort property or constrain to illegal act. 347 The person wrongfully confined. Wrongful confinement to extort confession or compel restoration of property. 348 Ditto. 346Assault or criminal force to women with intent to outrage her modesty. 354 The women assaulted or to whom the criminal force was used. 347Assault or criminal force in attempt to commit theft of property worn or carried by a person. 356 The person assaulted or to whom criminal force is used. Assault or criminal force in attempting wrongfully to confine a person. 357 The person assaulted or to whom the force was used. 348Theft 349* * *. 379 The owner of the property stolen. 350Theft in dwelling house. 380 Ditto 351Theft by clerk or servant of property in possession of master 352* * *. 381 Ditto. Dishonest misappropriation of property. 403 The owner of the property misappropriated. 353Criminal breach of trust 354***. 406 The owner of the property in respect of which the breach of trust has been committed. Criminal breach of trust by a carrier, wharfinger, etc. 355***. 407 Ditto. Criminal breach of trust by a clerk or servant 356***. 408 Ditto. Dishonestly receiving stolen property, knowing it to be stolen 357* * *. 411 The owner of the property stolen. Assisting in the concealment or disposal of stolen property, knowing it to be stolen 358* * *. 414 Ditto. Cheating 417 The person cheated. Cheating a person whose interest the offender was bound, by law or by legal contract, to protect. 418 Ditto. Cheating by personation 419 Ditto. Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. 420 Ditto. 359Fraudulent removal or concealment of property, etc. to prevent distribution among creditors. 421 The creditors who are affected thereby. Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. 422 Ditto. Fraudulent execution of deed of transfer containing false statement of consideration. 423 The person affected thereby. Fraudulent removal or concealment of property. 424 Ditto. Mischief by killing or maiming animal 360* * *. 428 The owner of the animal. Mischief by killing or maiming cattle, etc. 361* * *. 429 The owner of the cattle, or animal. Mischief by injury to work of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to a private person. 430 The person to whom the loss or damage is caused. House-trespass to commit an offence (other than theft) punishable with imprisonment. 451 The person is possession of the house trespassed upon. Using a false trade or property mark. 482 The person to whom loss or injury is caused by such use. Counterfeiting a trade or property mark used by another. 483 The person whose trade or property mark is counterfeited. Knowingly selling, or exposing or possessing for sale or for trade or manufacturing purpose, goods marked with a counterfeit trade or property mark. 486 Ditto 362Cohabitation caused by a man deceitfully including a belief of lawful marriage. 493 The woman with whom cohabitation was caused. Marrying again during the life-time of a husband or wife. 494 The husband or wife of the person so marrying. Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman. 509 The woman whom it is intended to insult or whose privacy is intruded upon. 363Attempting to commit offences punishable with transportation or imprisonment. 511 The person against whom such attempt was made for committing the offence. (3) When any offence is compoundable under this section, the abatement of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner. (4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may with the permission of the Court compound such offence. (5) When the accused has been 364sent for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is 1365sent or, as the case may be, before which the appeal is to be heard. (5A) The High Court Division acting in the exercise of its powers of revision under section 439 366, and a Court of Session so acting under section 439A, may allow any person to compound any offence which he is competent to compound under this section. (6) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (7) No offence shall be compounded except as provided by this section.",
"name": "Compounding offences",
"related_acts": "",
"section_id": 343
},
{
"act_id": 75,
"details": "346.(1) If, in the course of an inquiry or a trial before a 369Chief Judicial Magistrate in any district, the evidence appears to him to warrant a presumption that the case is one which should be tried or 1370sent for trial by some other 371Chief Judicial Magistrate in such district, he shall stay proceedings and submit the case, with a brief report explaining its nature, to any 372Chief Judicial Magistrateto whom he is subordinate or to such other 373Chief Judicial Magistrate, having jurisdiction, as the District 374Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or 375send the accused for trial.",
"name": "Procedure of * * * Chief Judicial Magistrate in cases which he cannot dispose of.",
"related_acts": "",
"section_id": 344
},
{
"act_id": 75,
"details": "376347. Notwithstanding anything contained in this Code, whenever a Magistrate of the first class is of opinion, after recording the evidence for the prosecution, that if the accused or, where more accused than one are being tried together, any of such accused is convicted he should receive a punishment more severe than that which such Magistrate is empowered to inflict, he may record his opinion and submit his proceedings, and forward the accused, or all the accused, to the Court of Session to which he is subordinate, whereupon the Court of Session shall try the case as if the case were exclusively triable by it under this Code.",
"name": "Procedure when, higher punishment should be inflicted on accused",
"related_acts": "",
"section_id": 345
},
{
"act_id": 75,
"details": "348.(1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, shall if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for 377sending the accused be 378sent to the Court of Session or 379*** unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted: Provided that, if any Magistrate in the district has been invested with powers under section 30, the case may be transferred to him instead of being 380sent to the Court of Session. (2) \tWhen any person is 381sent to the Court of Session 382*** under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly 383sent unless the Magistrate discharges such other person under 384section 241A.",
"name": "Trial of persons previously convicted of offences against coinage, stamp-law or property",
"related_acts": "",
"section_id": 346
},
{
"act_id": 75,
"details": "349.(1) Whenever a Magistrate of the second or third class, having jurisdiction, is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or that he ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the 385Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate to whom he is subordinate. (1A) When more accused than one are being tried together and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who are in his opinion guilty to the 386Chief Judicial Magistrate or a Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate . (2) The Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law: Provided that he shall not inflict a punishment more severe than he is empowered to inflict under sections 32 and 33.",
"name": "Procedure when Magistrate cannot pass sentence sufficiently severe",
"related_acts": "",
"section_id": 347
},
{
"act_id": 75,
"details": "387349A.(1) Whenever any Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, after having heard and recorded the whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein, and is succeeded by another Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, as the case may be, who has and who exercises such jurisdiction, the Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommence the trial: Provided that if the succeeding Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge, as the case may be, is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Code from one Court of Session to another, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1).",
"name": "Conviction on evidence partly recorded by one Sessions Judge, etc., and partly by another",
"related_acts": "",
"section_id": 348
},
{
"act_id": 75,
"details": "388350A. No order or judgment of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench in any case in which the Bench by which such order or judgment is passed is duly constituted under 389section 15 and 16 or, as the case may be, section 19 and 21 , and the Magistrates constituting the same have been present on the Bench throughout the proceedings.",
"name": "Changes in constitution of Benches",
"related_acts": "",
"section_id": 349
},
{
"act_id": 75,
"details": "350.(1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein, and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may re-summon the witnesses and recommence the inquiry or trial: 391Provided that if the succeeding Magistrate is of opinion that further examination of any of the witnesses whose evidence\thas already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) Nothing in this section applies to cases in which proceedings have been stayed under section 346 or in which proceedings have been submitted to a superior Magistrate under section 349. (3) When a case is transferred under the provisions of this Code from one Magistrate to another, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter within the meaning of sub-section (1).",
"name": "Conviction *** on evidence partly recorded by one Magistrate and partly by another",
"related_acts": "",
"section_id": 350
},
{
"act_id": 75,
"details": "351.(1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned. (2) When the detention takes place 392* * * after a trial has been begun the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard.",
"name": "Detention of offenders attending Court",
"related_acts": "",
"section_id": 351
},
{
"act_id": 75,
"details": "352. The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.",
"name": "Courts to be open",
"related_acts": "",
"section_id": 352
},
{
"act_id": 75,
"details": "353. Except as otherwise expressly provided, all evidence taken under Chapters 393* * * XX, 394* * * XXII and XXIII shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in presence of his pleader.",
"name": "Evidence to be taken in presence of accused",
"related_acts": "",
"section_id": 353
},
{
"act_id": 75,
"details": "354. In inquiries and trials (other than summary trials) under this Code by or before a Magistrate or Sessions Judge, the evidence of the witnesses shall be recorded in the following manner.",
"name": "Manner of recording evidence",
"related_acts": "",
"section_id": 354
},
{
"act_id": 75,
"details": "355.(1) 396In cases tried under Chapter XX or Chapter XXII by a Magistrate of the first or second class and in all proceedings under section 514 (if not in the course of a trial), the Magistrate shall make a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds. (2) Such memorandum shall be written and signed by the Magistrate with his own hand, and shall form part of the record. (3) If the Magistrate is prevented from making a memorandum as above required, he shall record the reason of his inability to do so, and shall cause such memorandum to be made in writing from his dictation in open Court, and shall sign the same, and such memorandum shall form part of the record.",
"name": "Record *** in trials of certain offences by first and second class Magistrates",
"related_acts": "",
"section_id": 355
},
{
"act_id": 75,
"details": "356.(1) In all other trials before Courts of Session and Magistrates and in all inquiries under 397Chapter XII the evidence of each witness shall be taken down in writing in the language of the Court by the Magistrate or Sessions Judge, or in his presence and hearing and under his personal direction and superintendence and shall be signed by the Magistrate or Sessions Judge.",
"name": "Record in other cases",
"related_acts": "",
"section_id": 356
},
{
"act_id": 75,
"details": "(3) \tIn cases in which the evidence is not taken down in writing by the Magistrate or Session Judge, he shall, as the examination of each witness proceeds, make a memorandum of the substance of what such witness deposes; and such memorandum shall be written and signed by the Magistrate or Sessions Judge with his own hand, and shall form part of the record. (4) If the Magistrate or Sessions Judge is prevented from making a memorandum as above required, he shall record the reason of his inability to make it.",
"name": "Memorandum when evidence not taken down by the Magistrate or Judge himself",
"related_acts": "",
"section_id": 357
},
{
"act_id": 75,
"details": "(2) When the evidence of such witness is given in English, the Magistrate or Sessions Judge may take it down in that language with his own hand, and, unless the accused is familiar with English, or the language of the Court is English, an authenticated translation of such evidence in the language of the Court shall form part of the record. (2A) When the evidence of such witness is given in any other language, not being English, than the language of the Court, the Magistrate or Sessions Judge may take it down in that language with his own hand, or cause it to be taken down in that language in his presence and hearing and under his personal direction and superintendence, and an authenticated translation of such evidence in the language of the Court or in English shall form part of the record.",
"name": "Evidence given in English",
"related_acts": "",
"section_id": 358
},
{
"act_id": 75,
"details": "357.(1) The Government may direct that in any district or part of a district, or in proceedings before any Court of Session, or before any Magistrate or class of Magistrates the evidence of each witness shall, in the cases referred to in section 356, be taken down by the Sessions Judge or Magistrate with his own hand and in his mother-tongue, unless he is prevented by any sufficient reason from taking down the evidence of any witness, in which case he shall record the reason of his inability to do so and shall cause the evidence to be taken down in writing from his dictation in open Court. (2) The evidence so taken down shall be signed by the Sessions Judge or Magistrate, and shall form part of the record: Provided that the Government may direct the Sessions Judge or Magistrate to take down the evidence in the English language or in the language of the Court, although such language is not his mother-tongue.",
"name": "Language of record of evidence",
"related_acts": "",
"section_id": 359
},
{
"act_id": 75,
"details": "358. In cases of the kind mentioned in section 355, the Magistrate may, if he thinks fit, take down the evidence of any witness in the manner provided in section 356, or, if within the local limits of the jurisdiction of such Magistrate the Government has made the order referred to in section 357, in the manner provided in the same section.",
"name": "Option to Magistrate in cases under section 355",
"related_acts": "",
"section_id": 360
},
{
"act_id": 75,
"details": "359.(1) Evidence taken under section 356 or section 357 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative. (2) The Magistrate or Sessions Judge may, in his discretion take down, or cause to be taken down, any particular question and answer.",
"name": "Mode of recording evidence under section 356 or section 357",
"related_acts": "",
"section_id": 361
},
{
"act_id": 75,
"details": "360.(1) As the evidence of each witness taken under section 356 or section 357 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or Sessions Judge may, instead of correcting the evidence, make a memorandum thereon of the objection make to it by the witness, and shall add such remarks as he thinks necessary. (3) If the evidence is taken down in a language different from that in which it has been given and the witness does not understand the language in which it is taken down, the evidence so taken down shall be interpreted to him in the language in which it was given, or in a language which he understands.",
"name": "Procedure in regard to such evidence when completed",
"related_acts": "",
"section_id": 362
},
{
"act_id": 75,
"details": "361.(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not under- stood by the pleader, it shall be interpreted to such pleader in that language. (3) When documents are put in for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.",
"name": "Interpretation of evidence to accused or his pleader",
"related_acts": "",
"section_id": 363
},
{
"act_id": 75,
"details": "362. Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 364
},
{
"act_id": 75,
"details": "363. When a Sessions Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination.",
"name": "Remarks respecting demeanor of witness",
"related_acts": "",
"section_id": 365
},
{
"act_id": 75,
"details": "364.(1) Whenever the accused is examined by any Magistrate, or by any Court other than High Court Division the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language of the Court or in English: and such record shall be shown or read to him, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. (2) When the whole is made conformable to what he declares is the truth, the record shall be signed by the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. (3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself, he shall be bound, as the examination proceeds, to make a memorandum thereof in the language of the Court, or in English, if he is sufficiently acquainted with the latter language; and such memorandum shall be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record. If the Magistrate or Judge is unable to make a memorandum as above required, he shall record the reason of such inability. (4) Nothing in this section shall be deemed to apply to the examination of an accused person under section 263.",
"name": "Examination of accused how recorded",
"related_acts": "",
"section_id": 366
},
{
"act_id": 75,
"details": "365. 398The Supreme Court shall from time to time, by general rule, prescribe the manner in which evidence shall be taken down in cases coming before the Court, and the evidence shall be taken down in accordance with such rule.",
"name": "Record of evidence in High Court Division",
"related_acts": "",
"section_id": 367
},
{
"act_id": 75,
"details": "366.(1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced, or the substance of such judgment shall be explained- (a)\tin open Court either immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, and (b)\tin the language of the Court, or in some other language which the accused or his pleader understands: Provided that the whole judgment shall be read out by the presiding Judge, if he is requested so to do either by the prosecution or the defence. (2) The accused shall, if in custody, be brought up, or, if not in custody, be required by the Court to attend, to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted, in either of which cases it may be delivered in the presence of his pleader. (3) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties of their pleaders, or any of them, the notice of such day and place. (4) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 537.",
"name": "Mode of delivering judgment",
"related_acts": "",
"section_id": 368
},
{
"act_id": 75,
"details": "367.(1) Every such judgment shall, except as otherwise expressly provided by this Code, be written by the presiding officer of the Court or form the dictation of such presiding officer in the language of the Court, or in English; and shall contain the point or points for determination, the decision thereon and the reasons for the decision; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it and where it is not written by the presiding officer with his own hand, every page of such judgment shall be signed by him. (2) It shall specify the offence (if any) of which, and the section of the Penal Code or other law under which, the accused is convicted, and the punishment to which he is sentenced.",
"name": "Language of judgment\tContents of judgment",
"related_acts": "",
"section_id": 369
},
{
"act_id": 75,
"details": "(3) When the conviction is under the Penal Code and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (4) If it be a judgment of acquittal, it shall state the offence of which the accused is acquitted and direct that he be set at liberty. 399(5) If the accused is convicted of an offence punishable with death or, in the alternative, with 400transportation for life or imprisonment for a term of years, the Court shall in its judgment state the reasons for the sentence awarded. (6) For the purposes of this section, an order under section 118 or section 123, sub-section (3), shall be deemed to be a judgment.",
"name": "Judgment in alternative",
"related_acts": "",
"section_id": 370
},
{
"act_id": 75,
"details": "368.(1) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.",
"name": "Sentence of death.",
"related_acts": "",
"section_id": 371
},
{
"act_id": 75,
"details": "(2) No sentence of transportation shall specify the place to which the person sentenced is to be transported.",
"name": "Sentence of transportation",
"related_acts": "",
"section_id": 372
},
{
"act_id": 75,
"details": "369. Save as otherwise provided by this Code or by any other law for the time being in force 401* * *, no Court when it has signed its judgment, shall alter or review the same, except to correct a clerical error.",
"name": "Court not to alter judgment",
"related_acts": "",
"section_id": 373
},
{
"act_id": 75,
"details": "370. Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 374
},
{
"act_id": 75,
"details": "371.(1) On the application of the accused a copy of the judgment, or when he so desires, a translation in his own language, if practicable, or in the language of the Court, shall be given to him without delay. Such copy shall, in any case other than a 402case under Chapter XX, be given free of cost. (2)\tOmitted by section 2 and Schedule of the Law Reforms Ordinances 1978 (Ordinance No. XLIX of 1978). (3) When the accused is sentenced to death by a Sessions Judge, such Judge shall further inform him of the period within which, if he wishes to appeal, his appeal should be preferred.",
"name": "Copy of judgment, etc., to be given to accused on application.Case of person sentenced to death",
"related_acts": "",
"section_id": 375
},
{
"act_id": 75,
"details": "372. The original judgment shall be filed with the record of proceedings, and, where the original is recorded in a different language from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record.",
"name": "Judgment when to be translated",
"related_acts": "",
"section_id": 376
},
{
"act_id": 75,
"details": "373. In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the 403Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be, and District Magistrate within the local limits of whose jurisdiction the trial was held.",
"name": "Court of Session to send copy of finding and sentence to District Magistrate",
"related_acts": "",
"section_id": 377
},
{
"act_id": 75,
"details": "374. When the Court of Session passes sentence of death, the proceedings shall be submitted to the High Court Division and the sentence shall not be executed unless it is confirmed by the High Court Division.",
"name": "Sentence of death to be submitted by Court of Session",
"related_acts": "",
"section_id": 378
},
{
"act_id": 75,
"details": "375.(1) If when such proceedings, are submitted the High Court Division thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. 404(2) Unless the High Court Division otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry and the evidence (if any) are not made and taken by the High Court Division, the result of such inquiry and the evidence shall be certified to such Court.",
"name": "Power to direct further inquiry to be made or additional evidence to be taken",
"related_acts": "",
"section_id": 379
},
{
"act_id": 75,
"details": "376. In any case submitted under section 374, 405* * * the High Court Division- (a)\tmay confirm the sentence, or pass any other sentence warranted by law, or (b)\tmay annul the conviction, and convict the accused of any offence of which the Sessions Court might have convicted him, or order a new trial on the same or an amended charge, or (c)\tmay acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.",
"name": "Power of High Court Division to confirm sentence or annul conviction",
"related_acts": "",
"section_id": 380
},
{
"act_id": 75,
"details": "377. In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court Division, shall, when such Court consists of two or more judges, be made, passed and signed by at least two of them.",
"name": "Confirmation of new sentence to be signed by two Judges",
"related_acts": "",
"section_id": 381
},
{
"act_id": 75,
"details": "378. When any such case is heard before a bench of Judges and such Judges are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge, and such Judge, after such hearing as he thinks fit shall deliver his opinion, and the judgment or order shall follow such opinion.",
"name": "Procedure in case of difference of opinion",
"related_acts": "",
"section_id": 382
},
{
"act_id": 75,
"details": "379. In cases submitted by the Court of Session to the High Court Division for the confirmation of a sentence of death, the proper officer of the High Court Division shall, without delay, after the order of confirmation or other order has been made by the High Court Division, send a copy of the order, under the seal of the High Court Division and attested with his official signature, to the Court of Session.",
"name": "Procedure in cases submitted to High Court Division for confirmation",
"related_acts": "",
"section_id": 383
},
{
"act_id": 75,
"details": "380. Repealed by section 16 of the Probation of Offenders Ordinance, 1960 (Ordinance No. XLV of 1960).",
"name": "Repealed",
"related_acts": "302",
"section_id": 384
},
{
"act_id": 75,
"details": "381. When a sentence of death passed by a Court of Session is submitted to the High Court Division for confirmation, such Court of Session shall, on receiving the order of confirmation or other order of the High Court Division thereon, cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.",
"name": "Execution of order passed under section 376",
"related_acts": "",
"section_id": 385
},
{
"act_id": 75,
"details": "382. If a woman sentenced to death is found to be pregnant, the High Court Division shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to 406transportation for life.",
"name": "Postponement of capital sentence on pregnant woman",
"related_acts": "",
"section_id": 386
},
{
"act_id": 75,
"details": "383. Where the accused is sentenced to transportation or imprisonment in cases other than those provided for by section 381, the Court passing the sentence shall forthwith forward a warrant to the jail in which he is, or is to be, confined, and, unless the accused is already confined in such jail, shall forward him to such jail, with the warrant.",
"name": "Execution of sentence of transportation or imprisonment in other cases",
"related_acts": "",
"section_id": 387
},
{
"act_id": 75,
"details": "384. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.",
"name": "Direction of warrant for execution",
"related_acts": "",
"section_id": 388
},
{
"act_id": 75,
"details": "385. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.",
"name": "Warrant with whom to be lodged",
"related_acts": "",
"section_id": 389
},
{
"act_id": 75,
"details": "386.(1) Whenever an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may- (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the District authorising him to realise the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless for special reasons to be recorded in writing is considers it necessary to do so. (2) The Government may make rules regulating the manner in which warrants under sub-section (1), clause (a), are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Courts issue a warrant to the Collector under sub-section (1), Clause (b), such warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purposes of the said Code, be deemed to be the Court which passed the Decree, and all the provisions of that Code as to execution of decrees shall apply accordingly: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.",
"name": "Warrant for levy of fine",
"related_acts": "86",
"section_id": 390
},
{
"act_id": 75,
"details": "387. A warrant issued under section 386, sub-section (1), clause (a), by any Court may be executed within the local limits of the jurisdiction of such Court, and it shall authorize the attachment and sale of any such property without such limits, when endorsed by the District Magistrate 407or Chief Metropolitan Magistrate within the local limits of whose jurisdiction such property is found.",
"name": "Effect of such warrant",
"related_acts": "",
"section_id": 391
},
{
"act_id": 75,
"details": "388.(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may- (a) \torder that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days, and (b) \tsuspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, as the case may be is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. (2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.",
"name": "Suspension of execution of sentence of imprisonment.",
"related_acts": "",
"section_id": 392
},
{
"act_id": 75,
"details": "389. Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor in office.",
"name": "Who may issue warrant",
"related_acts": "",
"section_id": 393
},
{
"act_id": 75,
"details": "390. When the accused is sentenced to whipping only, the sentence shall subject to the provisions of section 391 be executed at such place and time as the Court may direct.",
"name": "Execution of sentence of whipping only",
"related_acts": "",
"section_id": 394
},
{
"act_id": 75,
"details": "391. (1) When the accused- (a) \tis sentenced to whipping only and furnishes bail to the satisfaction of the Court for his appearance at such time and place as the Court may direct, or (b) \tis sentenced to whipping in addition to imprisonment, the whipping shall not be inflicted until fifteen days from the date of the sentence, or, if an appeal is made within that time, until the sentence is confirmed by the Appellate Court, but the whipping shall be inflicted as soon as practicable after the expiry of the fifteen days, or, in case of an appeal, as soon as practicable after the receipt of the order of the Appellate Court confirming the sentence. (2) The whipping shall be inflicted in the presence of the officer in charge of the jail, unless the Judge or Magistrate orders is to be inflicted in his own presence. (3) No accused person shall be sentenced to whipping in addition to imprisonment when the term of imprisonment to which he is sentenced is less than three months.",
"name": "Execution of sentence of whipping, in addition to imprisonment",
"related_acts": "",
"section_id": 395
},
{
"act_id": 75,
"details": "392.(1) In the case of a person of or over sixteen years of age whipping shall be inflicted with a light rattan not less than half an inch in diameter, in such mode, and on such part of the person, as the Government directs; and, in the case of a person under sixteen years of age, it shall be inflicted in such mode and on such part of the person, and with such instruments, as the Government directs.",
"name": "Mode of inflicting punishment",
"related_acts": "",
"section_id": 396
},
{
"act_id": 75,
"details": "(2) In no case shall such punishment exceed thirty stripes and, in the case of a person under sixteen years of age, it shall not exceed fifteen stripes.",
"name": "Limit of number of stripes",
"related_acts": "",
"section_id": 397
},
{
"act_id": 75,
"details": "393. No sentence of whipping shall be executed by instalments: and none of the following persons shall be punishable with whipping, namely:- (a) \tfemales; (b) \tmales sentence to death or to 408transportation, or to imprisonment for more than five years; (c) \tmales whom the Court considers to be more than forty-five years of age.",
"name": "Not to be executed by instalments Exemptions",
"related_acts": "",
"section_id": 398
},
{
"act_id": 75,
"details": "394.(1) The punishment of whipping shall not be inflicted unless a medical officer, if present, certificates, or, if there is not a medical officer present, unless it appears to the Magistrate or officer present, that the offender is in a fit state of health to undergo such punishment.",
"name": "Whipping not to be inflicted if offender not in fit state of health",
"related_acts": "",
"section_id": 399
},
{
"act_id": 75,
"details": "(2) If, during the execution of a sentence of whipping, a medical officer certifies, or it appears to the Magistrate or officer present, that offender is not in a fit state of health to undergo the remainder of the sentence, the whipping shall be finally stopped.",
"name": "Stay of execution",
"related_acts": "",
"section_id": 400
},
{
"act_id": 75,
"details": "395.(1) In any case in which, under section 394, a sentence of whipping is, wholly or partially, prevented from being executed, the offender shall be kept in custody till the Court which passed the sentence can revise it; and the said Court may, at its discretion, either remit such sentence, or sentence the offender in lieu of whipping, or in lieu of so much of the sentence of whipping as was not executed, to imprisonment for any term not exceeding twelve months, or to a fine not exceeding five hundred Taka, which may be in addition to any other punishment to which he may have been sentenced for the same offence. (2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term or a fine of an amount exceeding that to which the accused is liable by law, or that which the said Court is competent to inflict.",
"name": "Procedure if punishment cannot be inflicted under section 394",
"related_acts": "",
"section_id": 401
},
{
"act_id": 75,
"details": "396.(1) When sentence is passed under this Code on an escaped convict, such sentence, if of death, fine or whipping, shall, subject to the provisions hereinbefore contained, take effect immediately, and, if of imprisonment, or transportation, shall take effect according to the following rules, that is to say- (2) If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately. (3) When the new sentence is not severer in its kind than the sentence the convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment, or transportation, as the case may be, for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. Explanation-For the purposes of this section- (a)\ta sentence of transportation shall be deemed severer than a sentence of imprisonment; (b)\ta sentence of imprisonment with solitary confinement shall be deemed severer than a sentence of the same description of imprisonment without solitary confinement; and (c)\ta sentence of rigorous imprisonment shall be deemed severer than a sentence of simple imprisonment with or without solitary confinement.",
"name": "Execution of sentences on escaped convicts",
"related_acts": "",
"section_id": 402
},
{
"act_id": 75,
"details": "397. When a person already undergoing a sentence of imprisonment, or transportation, is sentenced to imprisonment, or transportation, such imprisonment, or transportation shall commence at the expiration of the imprisonment, or transportation to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that, if he is undergoing a sentence of imprisonment, and the sentence on such subsequent conviction is one of transportation, the Court may, in its discretion, direct that the latter sentence shall commence immediately, or at the expiration of the imprisonment to which he has been previously sentenced: Provided, further, that where a person who has been sentenced to imprisonment by an order under section 123 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.",
"name": "Sentence on offender already sentenced for another offence",
"related_acts": "",
"section_id": 403
},
{
"act_id": 75,
"details": "398.(1) Nothing in section 396 or section 397 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment, or to a sentence of transportation and the person undergoing the sentence is after its execution to undergo a further substantive sentence, or further substantive sentences, of imprisonment, or transportation, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.",
"name": "Saving as to sections 396 and 397",
"related_acts": "",
"section_id": 404
},
{
"act_id": 75,
"details": "399.(1) When any person under the age of fifteen years is sentenced by any Criminal Court to imprisonment for any offence, the Court may direct that such person, instead of being imprisoned in a criminal jail, shall be confined in any reformatory established by the Government as a fit place for confinement, in which there are means of suitable discipline and of training in some branch of useful industry or which is kept by a person willing to obey such rules as the Government prescribes with regard to the discipline and training of persons confined therein. (2) All persons confined under this section shall be subject to the rules so prescribed. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Confinement of youthful offenders in reformatories",
"related_acts": "430",
"section_id": 405
},
{
"act_id": 75,
"details": "400. When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.",
"name": "Return of warrant on execution of sentence",
"related_acts": "",
"section_id": 406
},
{
"act_id": 75,
"details": "401.(1) When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the Government for the suspension or remission of a sentence, the Government, may require the presiding Judge of the Court before or by which the conviction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Government not fulfilled, the Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police-officer without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (4A) The provision of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or impose any liability upon him or his property. (5) Nothing herein contained shall be deemed to interfere with the right of the President 409* * * to grant pardons, reprieves, respites or remissions of punishment. (5A) Where a conditional pardon is granted by the President 410* * *, any condition thereby imposed, of whatever nature, shall be deemed to have been imposed by a sentence of a competent Court under this Code and shall be enforceable accordingly. (6) The Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with.",
"name": "Power to suspend or remit sentences",
"related_acts": "",
"section_id": 407
},
{
"act_id": 75,
"details": "402.(1) The Government may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it:- death, transportation, rigorous imprisonment for a term not exceeding that to which he might have been sentenced, simple imprisonment for a like term, fine. (2) Nothing in this section shall affect the provisions of section 54 or section 55 of the Penal Code.",
"name": "Power to commute punishment",
"related_acts": "",
"section_id": 408
},
{
"act_id": 75,
"details": "411402A. The powers conferred by sections 401 and 402 upon the Government may, in the case of sentences of death, also be exercised by the President.",
"name": "Sentences of death",
"related_acts": "",
"section_id": 409
},
{
"act_id": 75,
"details": "403.(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 236, or for which he might have been convicted under section 237. (2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under section 235, sub-section (1). (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897, or section 188 of this Code. Explanation- The dismissal of a complaint, the stopping of proceedings under section 249, 412or the discharge of the accused is not an acquittal for the purposes of this section. Illustrations (a) \tA is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant or, upon the same facts, with theft simply, or with criminal breach of trust. (b) \tA is tried upon a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with, and tried for, robbery. (c) \tA is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (d) \tA is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (e) \tA is charged by a Magistrate of the first class with, and convicted by him of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within paragraph 3 of the section. (f) \tA is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may be subsequently charged with, and tried for robbery on the same facts. (g) \tA. B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for dacoity on the same facts.",
"name": "Person once convicted or acquitted not to be tried for same offence",
"related_acts": "73",
"section_id": 410
},
{
"act_id": 75,
"details": "404. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.",
"name": "Unless otherwise provided, no appeal to lie",
"related_acts": "",
"section_id": 411
},
{
"act_id": 75,
"details": "405. Any person whose application under section 89 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court may appeal to the Court to which appeals ordinarily lie from the sentences of the former Court.",
"name": "Appeal from order rejecting application for restoration of attached property",
"related_acts": "",
"section_id": 412
},
{
"act_id": 75,
"details": "406. Any person who has been ordered by a Magistrate under section 118 to give security for keeping the peace or for good behaviour may appeal against such order- to the Court of Session: 413*** Provided, 414***, that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (3A) of section 123.",
"name": "Appeal from order requiring security for keeping the peace or for good behaviour",
"related_acts": "",
"section_id": 413
},
{
"act_id": 75,
"details": "415406A. Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,- 416(a) \tif made by the Chief Metropolitan Magistrate 417or the Chief Judicial Magistrate or a District Magistrate, to the Court of Session; (b)\tif made by a Metropolitan Magistrate other than the Chief Metropolitan Magistrate, to the Chief Metropolitan Magistrate; or (c)\tif made by any other Magistrate, 418whether Executive or Judicial, to the District Magistrate 419*** 420or the Chief Judicial Magistrate.",
"name": "Appeal from order refusing to accept or rejecting a surety",
"related_acts": "",
"section_id": 414
},
{
"act_id": 75,
"details": "421407.\tAny person convicted on a trial held by any Magistrate of the second or third class may appeal to the chief Judicial Magistrate who may himself hear and dispose of the appeal or transfer it to any Additional Chief Judicial Magistrate for disposal, and may withdraw an appeal so transferred.",
"name": "Appeal from sentence of Magistrate of the second or third class",
"related_acts": "",
"section_id": 415
},
{
"act_id": 75,
"details": "422408.\tAny person convicted on a trial held by a Joint Sessions Judge,Metropolitan Magistrate or any Judicial Magistrate of the first class, may appeal to the Sessions Judge: Provided as Follws : (a)When in any case a Joint Sessions Judge passes any sentence of imprisonment for a term exceeding five years, the appeal of all or any of the convicted persons shall lie to the High Court Division; (b)When any person is convicted by a Metropolitan Magistrate or Judicial Magistrate specially empowered to try an offence under section 124A of the Penal Code, the appeal shall lie to the High Court Division.",
"name": "Appeal from sentence of Joint Sessions Judge and Magistrates of the first class",
"related_acts": "",
"section_id": 416
},
{
"act_id": 75,
"details": "409. An appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an Additional Sessions Judge shall hear only such appeals as the Government may by general or special order, direct or as the Sessions Judge of the Division may make over to him.",
"name": "Appeals to Court of Session how heard",
"related_acts": "",
"section_id": 417
},
{
"act_id": 75,
"details": "410. Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court Division.",
"name": "Appeal from sentence of Court of Session",
"related_acts": "",
"section_id": 418
},
{
"act_id": 75,
"details": "411. Omitted by the Schedule of the Adaptation of Central Acts and Ordinance, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 419
},
{
"act_id": 75,
"details": "411A. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978.",
"name": "Omitted",
"related_acts": "579",
"section_id": 420
},
{
"act_id": 75,
"details": "412. Notwithstanding anything hereinbefore contained where an accused person has pleaded guilty and has been convicted by 423* * * a Court of Session 424or any Metropolitan Magistrate or Magistrate of the first class on such plea, there shall be no appeal except as to the extent or legality of the sentence.",
"name": "No appeal in certain cases when accused pleads guilty",
"related_acts": "",
"section_id": 421
},
{
"act_id": 75,
"details": "413. Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in cases in which 425*** a Court of Session passes a sentence of imprisonment not exceeding one month only, or in which a Court of Session or 426Chief Judicial Magistrate 427or Metropolitan Magistrate or other Magistrate of the first class passes a sentence of fine not exceeding fifty Taka only. Explanation- There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed.",
"name": "No appeal in petty cases",
"related_acts": "",
"section_id": 422
},
{
"act_id": 75,
"details": "414. Notwithstanding anything hereinbefore contained, there shall be no appeal by a convicted person in any case tried summarily in which a Magistrate empowered to act under section 260 passes a sentence of fine not exceeding two hundred Taka only.",
"name": "No appeal from certain summary convictions",
"related_acts": "",
"section_id": 423
},
{
"act_id": 75,
"details": "415. An appeal may be brought against any sentence referred to in section 413 or section 414 by which any punishment therein mentioned is combined with any other punishment, but no sentence which would not otherwise be liable to appeal shall be appealable merely on the ground that the person convicted is ordered to find security to keep the peace. Explanation- A sentence of imprisonment in default of payment of fine is not a sentence by which two or more punishments are combined within the meaning of this section.",
"name": "Proviso to sections 413 and 414",
"related_acts": "",
"section_id": 424
},
{
"act_id": 75,
"details": "428415A. Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.",
"name": "Special right of appeal in certain cases",
"related_acts": "",
"section_id": 425
},
{
"act_id": 75,
"details": "416. Repealed by section 26 of the Criminal Law Amendment Act, 1923 (Act No. XII of 1923).",
"name": "Repealed",
"related_acts": "",
"section_id": 426
},
{
"act_id": 75,
"details": "429417. 430(1) Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal- (a)\tto the High Court Division from an original or appellate Order of acquittal passed by any Court of Session; (b) \tto the Court of Session from an original or appellate Order of acquittal passed by any Magistrate. 431(2) Notwithstanding anything contained in section 418, if such an order is passed in any case instituted upon complaint, and if the order involves an error of law occasioning failure of justice, the complainant may present an appeal- (a) \tto the High Court Division from an original order of acquittal passed by any Court of Session; (b) \tto the Court of Session from an original order of acquittal passed by any Magistrate. (3) No appeal by the complaint from an order of acquittal shall be entertained by the High Court Division 432or a Court of Session after the expiry of sixty days from the date of the order of acquittal. (4) If, in any case, the admission of an appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1).",
"name": "Appeal in case of acquittal",
"related_acts": "",
"section_id": 427
},
{
"act_id": 75,
"details": "417A.(1) The Government may, in any case of conviction on a trial held by any court, direct the Public Prosecutor to present an appeal to the High Court Division against the sentence on the ground of its inadequacy. (2) A complainant may, in any case of conviction on a trial held by any Court, present an appeal to the Appellate Court against the sentence on the ground of its inadequacy: Provided that no appeal under this sub-section shall be entertained by the Appellate Court after the expiry of sixty days from the date of conviction. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Appellate Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.",
"name": "Appeal against inadequacy of sentence",
"related_acts": "",
"section_id": 428
},
{
"act_id": 75,
"details": "418. An appeal may lie on a matter of fact as well as a matter of law. Explanation-The alleged severity of a sentence shall, for the purposes of this section, be deemed to be a matter of law.",
"name": "Appeals on what matters admissible",
"related_acts": "",
"section_id": 429
},
{
"act_id": 75,
"details": "419. Every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against 433* * *.",
"name": "Petition of appeal",
"related_acts": "",
"section_id": 430
},
{
"act_id": 75,
"details": "420. If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.",
"name": "Procedure when appellant in jail",
"related_acts": "",
"section_id": 431
},
{
"act_id": 75,
"details": "421.(1) On receiving the petition and copy under section 419 or section 420, the Appellate Court shall pursue the same, and, if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that no appeal presented under section 419 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same. (2) Before dismissing an appeal under this section, the Court may call for the record of the case, but shall not be bound to do so.",
"name": "Summary dismissal of appeal",
"related_acts": "",
"section_id": 432
},
{
"act_id": 75,
"details": "422. If the Appellate Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his pleader, and to such officer as the Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall, on the application of such officer, furnish him with a copy of the grounds of appeal; and, in cases of appeals under 434* * * or section 417, the Appellate Court shall cause a like notice to be given to the accused.",
"name": "Notice of appeal",
"related_acts": "",
"section_id": 433
},
{
"act_id": 75,
"details": "423.(1) The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of Public Prosecutor, if he appears, and, in case of an appeal under 435* * * section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may- (a) \tin an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retired or 436sent for trial, as the case may be, or find him guilty and pass sentence on him according to law ; (b) \tin an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent jurisdiction subordinate to such Appellate Court or 437sent for trial, or (2) alter the finding, maintaining the sentence, or, with or without altering the finding, reduce the sentence or, (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same; 438(bb)\tin an appeal for enhancement of sentence, (1) reverse the finding and sentence and acquit or discharge the accused or order him to be retired by a Court competent to try the offence, or (2) alter the finding maintaining the sentence, or (3) with or without altering the finding, alter the nature or the extent, or the nature and extent, or the sentence, so as to enhance or reduce the same; (c) \tin an appeal from any other order, alter or reverse such order; (d) \tmake any amendment or any consequential or incidental order that may be just or proper 439: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed than might have been inflicted for that offence by the Court passing the order or sentence under appeal. (2) Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Powers of Appellate Court in disposing of appeal",
"related_acts": "579",
"section_id": 434
},
{
"act_id": 75,
"details": "424. The rules contained in Chapter XXVI as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment of any Appellate Court other than High Court Division: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.",
"name": "Judgments of subordinate Appellate Courts",
"related_acts": "",
"section_id": 435
},
{
"act_id": 75,
"details": "425. 440(1) Whenever a case is decided on appeal by the High Court Division under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed: Provided that where the finding sentence or order was recorded or passed by a Magistrate other than the Chief Metropolitan Magistrate, or the Chief Judicial Magistrate, the certificate shall be sent through the Chief Metropolitan Magistrate or the Chief Judicial Magistrate, as the case may be. (2) The Court to which the High Court Division certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court Division; and, if necessary, the record shall be amended in accordance therewith.",
"name": "Order by High Court Division on appeal to be certified to lower Court",
"related_acts": "",
"section_id": 436
},
{
"act_id": 75,
"details": "426.(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court Division in the case of any appeal by a convicted person to a Court subordinate thereto. (2A) When any person 441is sentenced to imprisonment for a term not exceeding one year by a Court, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends to present an appeal, order that he be released on bail for a period sufficient in the opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (2B) Where High Court Division is satisfied that a convicted person has been granted special leave to appeal to the 442Appellate Division of the Supreme Court against any sentence which it has imposed or maintained, it may if it so thinks fit order that pending the appeal the sentence or order appealed against be suspended, and also, if the said person is in confinement, that he be released on bail. (3) When the appellant is ultimately sentenced to imprisonment, or transportation, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.",
"name": "Suspension of sentence pending appeal\tRelease of appellant on bail",
"related_acts": "",
"section_id": 437
},
{
"act_id": 75,
"details": "427. When an appeal is presented under 443section 417 or section 417A, the High Court Division or any other Appellate Court, as the case may be, issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.",
"name": "Arrest of accused in appeal from acquittal",
"related_acts": "",
"section_id": 438
},
{
"act_id": 75,
"details": "428.(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the Appellate Court is High Court Division, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present when the additional evidence is taken 444* * *. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry.",
"name": "Appellate Court may take further evidence or direct it to be taken",
"related_acts": "",
"section_id": 439
},
{
"act_id": 75,
"details": "429. When the Judges composing the Court of Appeal are equally devided in opinion, the case, with their opinions thereon, shall be laid before another Judge of the same Court, and such Judge, after such hearing (if any) as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.",
"name": "Procedure where Judges of Court of Appeal are equally divided",
"related_acts": "",
"section_id": 440
},
{
"act_id": 75,
"details": "430. Judgments and orders passed by an Appellate Court upon appeal shall be final, except in the cases provided for in section 417 445, section 417A and Chapter XXXII.",
"name": "Finality of orders on appeal",
"related_acts": "",
"section_id": 441
},
{
"act_id": 75,
"details": "431. Every appeal under 446section 417 or section 417A shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.",
"name": "Abatement of appeals",
"related_acts": "",
"section_id": 442
},
{
"act_id": 75,
"details": "432 and 433. Omitted by Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "& 433. Omitted",
"related_acts": "",
"section_id": 443
},
{
"act_id": 75,
"details": "434. Omitted by section 6 of the Criminal Procedure Amendment Act, 1943 (Act No. XXVI of 1943).",
"name": "Omitted",
"related_acts": "",
"section_id": 444
},
{
"act_id": 75,
"details": "435.(1) The High Court Division or any Sessions Judge, 447*** may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation-All Magistrates, 448whether Executive or Judicial, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section 449* * *. 450*** (3) Repealed by section 116 of the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII of 1923). 451***",
"name": "Power to call for records of inferior Courts",
"related_acts": "",
"section_id": 445
},
{
"act_id": 75,
"details": "436. On examining any record under section 435 or otherwise, the High Court Division or the Sessions Judge may direct the 452Chief Metropolitan Magistrate or 453Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the 3454Chief Metropolitan Magistrate or 455Chief Judicial Magistrate may himself make, or direct any Sub-ordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.",
"name": "Power to order inquiry",
"related_acts": "",
"section_id": 446
},
{
"act_id": 75,
"details": "437. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 447
},
{
"act_id": 75,
"details": "456***",
"name": "Omitted",
"related_acts": "",
"section_id": 448
},
{
"act_id": 75,
"details": "439.(1) In the case of any proceeding the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338, and may enhance the sentence; and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in manner provided by section 429. (2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own defence. (3) Where the sentence dealt with under this section has been passed by a Magistrate 457* * *, the Court shall not inflict a greater punishment for the offence which, in the opinion of such Court, the accused has committed than might have been inflicted for such offence by 458a Metropolitan Magistrate or a Magistrate of the first class. 459(4) Nothing in this section shall be deemed to authorize the High Court Division to convert a finding of acquittal into one of conviction, or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A. (5) Where under this Code an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appealed. (6) Notwithstanding anything contained in this section, any convicted person to whom an opportunity has been given under sub-section (2) of showing cause why his sentence should not be enhanced shall, in showing cause, be entitled also to show cause against his conviction.",
"name": "High Court Division's powers of revision",
"related_acts": "",
"section_id": 449
},
{
"act_id": 75,
"details": "460439A.(1) In the case of any proceeding the record of which has been called for by himself or which otherwise comes to his knowledge, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court Division under section 439. (2) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final. (3) An Additional Sessions Judge shall have and may exercise all powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him under any general or special order of the Sessions Judge.",
"name": "Sessions Judge's powers of revision",
"related_acts": "",
"section_id": 450
},
{
"act_id": 75,
"details": "440. No party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision: Provided that the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader, and that nothing in this section shall be deemed to affect section 439, sub-section (2).",
"name": "Optional with Court to hear parties",
"related_acts": "",
"section_id": 451
},
{
"act_id": 75,
"details": "441. Omitted by Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 452
},
{
"act_id": 75,
"details": "442. When a case is revised under this Chapter by the High Court Division, it shall, in manner hereinbefore provided by section 425, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.",
"name": "High Court Division's order to be certified to lower Court or Magistrate",
"related_acts": "",
"section_id": 453
},
{
"act_id": 75,
"details": "442A.(1) An Appellate Court shall dispose of an appeal filed before it within 462ninety days from the date of 463service of notice upon respondents. (2)\tA Court having power of revision shall dispose of a proceeding in revision within 464ninety days from the date of 465service of notice upon the parties. 466(3) In this section, in determining the time, only the working days shall be counted.",
"name": "Time for disposal of appeals and Revision",
"related_acts": "",
"section_id": 454
},
{
"act_id": 75,
"details": "Omitted by the Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).",
"name": "(443-463) Omitted",
"related_acts": "",
"section_id": 455
},
{
"act_id": 75,
"details": "464.(1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defense, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the Civil Surgeon of the district or such other medical officer as the Government directs, and thereupon shall examine such Surgeon or other officer as a witness, and shall reduce the examination to writing. 467(1A) Pending such examination and inquiry the Magistrate may deal with the accused in accordance with the provisions of section 466. (2) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.",
"name": "Procedure in case of accused being lunatic",
"related_acts": "",
"section_id": 456
},
{
"act_id": 75,
"details": "468465.(1) If at the trial of any person before a Court of Session, it appears to the Court that such person is of unsound mind and consequently incapable of making his defence, the Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Court is satisfied of the fact, it shall record a finding to that effect and shall postpone further proceedings in the case. (2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Court.",
"name": "Procedure in case of person being lunatic before Court of Sessions",
"related_acts": "",
"section_id": 457
},
{
"act_id": 75,
"details": "466.(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one on which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf. (2) \tIf the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the Government:",
"name": "Release of lunatic pending investigation or trial",
"related_acts": "",
"section_id": 458
},
{
"act_id": 75,
"details": "Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Government may have made under the Lunacy Act, 1912.",
"name": "Custody of lunatic",
"related_acts": "96",
"section_id": 459
},
{
"act_id": 75,
"details": "467.(1) Whenever an inquiry or a trial is postponed under section 464 or section 465, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 466, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.",
"name": "Resumption of inquiry or trial",
"related_acts": "",
"section_id": 460
},
{
"act_id": 75,
"details": "468.(1) If, when the accused appears or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall again act according to the provisions of section 464 or section 465, as the case may be, and if the accused is found to be of unsound mind and incapable of making his defence, shall deal with such accused in accordance with the provisions of section 466.",
"name": "Procedure on accused appearing before Magistrate or Court",
"related_acts": "",
"section_id": 461
},
{
"act_id": 75,
"details": "469. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate 469or, as the case may be, the Court is satisfied from the evidence given before him or it that there is reason to believe that the accused committed an act which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate 470or, as the case may be, the Court shall proceed with the case.",
"name": "When accused appears to have been insane",
"related_acts": "",
"section_id": 462
},
{
"act_id": 75,
"details": "470. Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.",
"name": "Judgment of acquittal on ground of lunacy",
"related_acts": "",
"section_id": 463
},
{
"act_id": 75,
"details": "(2) The Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 466 or this section, to discharge all or any of the functions of the Inspector General of Prisons under section 473 or section 474.",
"name": "Power of Government to relieve Inspector General of certain functions",
"related_acts": "",
"section_id": 464
},
{
"act_id": 75,
"details": "471.(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit, and shall report the action taken to the Government: Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the Government may have made under the Lunacy Act, 1912.",
"name": "Person acquitted on such ground to be detained in safe custody",
"related_acts": "96",
"section_id": 465
},
{
"act_id": 75,
"details": "472. Repealed by section 101 and Schedule II of the Lunacy Act, 1912 (Act No. IV of 1912).",
"name": "Repealed",
"related_acts": "96",
"section_id": 466
},
{
"act_id": 75,
"details": "473. If such person is detained under the provisions of section 466, and in the case of a person detained in a jail, the Inspector General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 468; and the certificate of such Inspector General or visitors as aforesaid shall be receivable as evidence.",
"name": "Procedure where lunatic prisoner is reported capable of making his defence",
"related_acts": "",
"section_id": 467
},
{
"act_id": 75,
"details": "474.(1) If such person is detained under the provisions of section 466 or section 471, and such Inspector General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the Government may thereupon order him to be released or to be detained in custody, to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, incase it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers. (2) Such Commission shall make formal inquiry into the state of mind of such person, taking such evidence as is necessary, and shall report to the Government, which may order his release or detention as it thinks fit.",
"name": "Procedure where lunatic detained under section 466 or 471 is declared fit to be released.",
"related_acts": "",
"section_id": 468
},
{
"act_id": 75,
"details": "475.(1) Whenever any relative or friend of any person detained under the provisions of section 466 or section 471 desires that he shall be delivered to his care and custody, the Government may, upon the application of such relative or friend and on his giving security to the satisfaction of 471the Government that the person delivered shall- (a) \tbe properly taken care of and prevented from doing injury to himself or to any other person, and (b) \tbe produced for the inspection of such officer, and at such times and places as the Government may direct, and (c) \tin the case of a person detained under section 466, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in sub-section (1), clause (b), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production, the Magistrate or Court shall proceed in accordance with the provisions of section 468, and the certificate of the inspecting officer shall be receivable as evidence.",
"name": "Delivery of lunatic to care of relative or friend",
"related_acts": "",
"section_id": 469
},
{
"act_id": 75,
"details": "472476.(1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary so to do, send the accused in custody to such Magistrate, and may bind over any person to appear and give evidence before such Magistrate: Provided that, where the Court making the complaint is High Court Division, the complaint may be signed by such officer of the Court as the Court may appoint. 473For the purpose of this sub-section, a Metropolitan Magistrate shall be deemed to be a Magistrate of the first class. 474(2) A Magistrate to whom a complaint is made under sub-section (1) or section 476A or section 476B shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (3) Where it is brought to the notice of such Magistrate or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided.",
"name": "Procedure in cases mentioned in section 195.",
"related_acts": "",
"section_id": 470
},
{
"act_id": 75,
"details": "476A.The power conferred on Civil, Revenue and Criminal Courts by section 476, sub-section (1), may be exercised, in respect of any offence referred to therein and alleged to have been committed in or in relation to any proceeding in any such Court, by the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3), in any case in which such former Court has neither made a complaint under section 476 in respect of such offence nor rejected an application for the making of such complaint; and, where the superior Court makes such complaint, the provisions of section 476 shall apply accordingly.",
"name": "Superior Court may complain where subordinate Court has committed to do so",
"related_acts": "",
"section_id": 471
},
{
"act_id": 75,
"details": "476B. Any person on whose application any Civil, Revenue or Criminal Court has refused to make a complaint under section 476 or section 476A, or against whom such a complaint has been made, may appeal to the Court to which such former Court is subordinate within the meaning of section 195, sub-section (3), and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, itself make the complaint which the subordinate Court might have made under section 476, and if its makes such complaint the provisions of that section shall apply accordingly.",
"name": "Appeals",
"related_acts": "",
"section_id": 472
},
{
"act_id": 75,
"details": "477. Repealed by section 129 of the Code of Criminal Procedure (Amendment) Act, 1923 (XVIII of 1923).",
"name": "Repealed",
"related_acts": "",
"section_id": 473
},
{
"act_id": 75,
"details": "478 and 479. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted & 479. Omitted",
"related_acts": "579",
"section_id": 474
},
{
"act_id": 75,
"details": "480. When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 or the Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred taka, and in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.",
"name": "Procedure in certain cases of contempt",
"related_acts": "",
"section_id": 475
},
{
"act_id": 75,
"details": "481.(1) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. (2) If the offence is under section 228 of the Penal Code, the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.",
"name": "Record in such cases",
"related_acts": "",
"section_id": 476
},
{
"act_id": 75,
"details": "482.(1) If the Court in any case considers that a person accused of any of the offences referred to in section 480 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred taka should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 480, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such accused person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate, to whom any case is forwarded under this section, shall proceed to hear the complaint against the accused person in manner hereinbefore provided.",
"name": "Procedure where Court considers that case should not be dealt with under section 480",
"related_acts": "",
"section_id": 477
},
{
"act_id": 75,
"details": "483. When the Government so directs, any Registrar or any Sub-Registrar appointed under the 475Registration Act, 1908 shall be deemed to be a Civil Court within the meaning of sections 480 and 482.",
"name": "When Registrar or Sub-Registrar to be deemed a Civil Court within sections 480 and 482",
"related_acts": "90",
"section_id": 478
},
{
"act_id": 75,
"details": "484. When any Court has under section 480 or section 482 adjudged an offender to punishment or forwarded him to a Magistrate for trial for refusing or omitting to do anything which he was lawfully required to do or for any international insult or interruption the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.",
"name": "Discharge of offender on submission or apology",
"related_acts": "",
"section_id": 479
},
{
"act_id": 75,
"details": "485. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime such person consents to be examined and to answer, or to produce the document or thing. In the event of his persisting in his refusal, he may be dealt with according to the provisions of section 480 or section 482, and in the case of High Court Division shall be deemed guilty of a contempt.",
"name": "Imprisonment or committal of person refusing to answer or produce document",
"related_acts": "",
"section_id": 480
},
{
"act_id": 75,
"details": "476485A.(1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court, may take cognizance of the offence and after given the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding Taka two hundred and fifty. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.",
"name": "Summary procedure for punishment for non-attendance by a witness in obedience to summons",
"related_acts": "",
"section_id": 481
},
{
"act_id": 75,
"details": "486.(1) Any person sentenced by any Court under section 480 or section 485 477or section 485A may, notwithstanding anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any officer as Registrar or Sub-Registrar appointed as aforesaid may, when such officer is also Judge of a Civil Court, be made to the Court to which it would, under the preceding portion of this section, be made if such conviction were a decree by such officer in his capacity as such Judge, and in other cases may be made to the District Judge.",
"name": "Appeals from convictions in contempt cases",
"related_acts": "",
"section_id": 482
},
{
"act_id": 75,
"details": "487.(1) Except as provided in sections 480 478, 485 and 485A, no Judge of a Criminal Court or Magistrate, other than a Judge of 479the Supreme Court shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. (2) \tOmitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves",
"related_acts": "579",
"section_id": 483
},
{
"act_id": 75,
"details": "480***",
"name": "Omitted",
"related_acts": "",
"section_id": 484
},
{
"act_id": 75,
"details": "491A. Omitted by Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 485
},
{
"act_id": 75,
"details": "491.(1) The High Court Division may, whenever it thinks fit, direct:- (a) \tthat a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law; (b) \tthat a person illegally or improperly detained in public or private custody with such limits be set at liberty; (c) \tthat a prisoner detained in any jail situate within such limits be brought before the Court to be there examined as a witness in any matter pending or to be inquired into in such Court; (d) \tthat a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial or to be examined touching any matter pending before such Court-martial or Commissioners respectively; (e) \tthat a prisoner within such limits be removed from one custody to another for the purpose of trial ; and 481* * * (2) The 482Supreme Court may, from time to time, frame rules to regulate the procedure in cases under this section. 483(3) Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention.",
"name": "Power to issue directions of the nature of a habeas corpus",
"related_acts": "",
"section_id": 486
},
{
"act_id": 75,
"details": "492.(1) The Government may appoint, generally, or in any case, or for any specified class of cases, in any local area, one or more officers to be called Public Prosecutors. (2) 484The 485District Magistrate may, in the absence or the Public Prosecutor, or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below such ranks as the Government may prescribe in this behalf to be Public Prosecutor for the purpose of any case.",
"name": "Power to appoint Public Procecutors",
"related_acts": "",
"section_id": 487
},
{
"act_id": 75,
"details": "493. The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein, under his directions.",
"name": "Public Prosecutor may plead in all Court in cases under his charge Pleaders privately instructed to be under his direction",
"related_acts": "",
"section_id": 488
},
{
"act_id": 75,
"details": "494. Any Public Prosecutor may, with the consent of the Court, 486* * * before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal,- (a) \tif it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) \tif it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences.",
"name": "Effect of withdrawal from prosecution",
"related_acts": "",
"section_id": 489
},
{
"act_id": 75,
"details": "495.(1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by the Government in this behalf but no person, other than the 487Attorney-General, Government Solicitor, Public Prosecutor or other officer generally or specially empowered by the Government in this behalf, shall be entitled to do so without such permission. (2) Any such officer shall have the like power of withdrawing the prosecution as is provided by section 494, and the provisions of that section shall apply to any withdrawal by such officer. (3) Any person conducting the prosecution may do so personally or by a pleader. (4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted.",
"name": "Permission to conduct prosecution",
"related_acts": "",
"section_id": 490
},
{
"act_id": 75,
"details": "496. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided, further, that nothing in this section shall be deemed to affect the provisions of section 107, sub-section (4), or section 117, sub-section (3).",
"name": "In what cases bail to be taken",
"related_acts": "",
"section_id": 491
},
{
"act_id": 75,
"details": "497A. Omitted by section 2 the Code of Criminal Procedure (Amendment) Ordinance, 1982 (Ordinance No. IX of 1982).",
"name": "Omitted",
"related_acts": "",
"section_id": 492
},
{
"act_id": 75,
"details": "497.(1) When any person accused of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police-station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing. (4) \tIf, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered. (5) The High Court Division or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.",
"name": "When bail may be taken in case of non-bailable offence",
"related_acts": "",
"section_id": 493
},
{
"act_id": 75,
"details": "498. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court Division or Court of Session may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.",
"name": "Power to direct admission to bail or reduction of bail",
"related_acts": "",
"section_id": 494
},
{
"act_id": 75,
"details": "499.(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police-officer or Court, as the case may be. (2) If the case so require, the bond shall also bind the person released on bail to appear when called upon at the High Court Division, Court of Session or other Court to answer the charge.",
"name": "Bond of accused and sureties",
"related_acts": "",
"section_id": 495
},
{
"act_id": 75,
"details": "500.(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order shall release him. (2) Nothing in this section, section 496 or section 497 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.",
"name": "Discharge from custody",
"related_acts": "",
"section_id": 496
},
{
"act_id": 75,
"details": "501. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.",
"name": "Power to order sufficient bail when that first taken is insufficient",
"related_acts": "",
"section_id": 497
},
{
"act_id": 75,
"details": "502.(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to custody.",
"name": "Discharge of sureties",
"related_acts": "",
"section_id": 498
},
{
"act_id": 75,
"details": "503.(1) Whenever in the course of an inquiry, a trial or any other proceeding under this Code, it appears to 488a Metropolitan Magistrate, 489a Chief Judicial Magistrate, a Court of Session or the High Court Division that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such Magistrate or Court may dispense with such attendance and may issue a commission to any District Magistrate, 490Chief Metropolitan Magistrate or Chief Judicial Magistrate, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. (2) and (2A) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2B) When the witness resides in the United Kingdom or any other country of the Commonwealth other than Bangladesh, or in the Union of Burma, or any other country in which reciprocal arrangement in this behalf exists, the commission may be issued to such Court or Judge having authority in this behalf in that country as may be specified by the Government by notification in the official Gazette. (3) The Magistrate or officer to whom the commission is issued, or if he is the 491Chief Metropolitan Magistrate or the Chief Judicial Magistrate, he, or 492any other Magistrate as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Code. (4) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "When attendance of witness may be dispensed with Issue of commission and procedure thereunder",
"related_acts": "430,430",
"section_id": 499
},
{
"act_id": 75,
"details": "494504.(1) If the witness is within the local limits of the jurisdiction of any Metropolitan Magistrate, the Magistrate or Court issuing the commission may direct the same to such Metropolitan Magistrate, who thereupon may compel the attendance of, and examine, such witness as if he were a witness in a case pending before himself. (2) When a commission is issued under this section to the Chief Metropolitan Magistrate, he may delegate his powers and duties under the commission to any Metropolitan Magistrate subordinate to him.",
"name": "Commission in case of witness being within a Metropolitan Area",
"related_acts": "",
"section_id": 500
},
{
"act_id": 75,
"details": "505.(1) The parties to any proceeding under this Code in which a commission is issued, may respectively forward any interrogatories in writing which the Magistrate or Court directing the commission may think relevant to the issue and when the commission is directed to a Magistrate or officer mentioned in section 503, such Magistrate or the Officer to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories. (2) Any such party may appear before such Magistrate or officer by pleader, or if not in custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.",
"name": "Parties may examine witnesses",
"related_acts": "",
"section_id": 501
},
{
"act_id": 75,
"details": "506. Whenever, in the course of an inquiry or a trial or any other proceeding under this Code before any Magistrate other than a 495 496Chief Metropolitan Magistrate or Chief Judicial Magistrate, it appears that a commission ought to be issued for the examination of a witness whose evidence is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, 497such Magistrate shall apply to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, to whom he is subordinate, stating the reasons for the application; 498and the Chief Judicial Magistrate or the Chief Metropolitan Magistrate may either issue a commission in the manner hereinbefore provided or reject the application.",
"name": "Power of Subordinate Magistrate to apply for issue of commission",
"related_acts": "",
"section_id": 502
},
{
"act_id": 75,
"details": "507.(1) After any commission issued under section 503 or section 506 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court out of which it issued; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act, 1872, may also be received in evidence at any subsequent stage of the case before another Court.",
"name": "Return of commission",
"related_acts": "24",
"section_id": 503
},
{
"act_id": 75,
"details": "508. In every case in which a commission is issued under section 503 or section 506, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.",
"name": "Adjournment of inquiry or trial",
"related_acts": "",
"section_id": 504
},
{
"act_id": 75,
"details": "499508A. The provisions of sub-section (3) of section 503, 500section 504 and so much of sections 505 and 507 as relates to the execution of a commission and its return by the Magistrate or officer to whom the commission is directed shall apply in respect of commissions issued by any Court or Judge having authority in this behalf in the United Kingdom or in any other country of the commonwealth other than Bangladesh or in the Union of Burma or any other country in which reciprocal arrangement in this behalf exists under the law in force in that country relating to commissions for the examination of witnesses, as they apply to commissions issued under section 503 or section 506.",
"name": "Application of this Chapter to Commissions issued in Burma",
"related_acts": "",
"section_id": 505
},
{
"act_id": 75,
"details": "509.(1) The deposition of a Civil Surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under Chapter XL, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.",
"name": "Deposition of medical witness",
"related_acts": "",
"section_id": 506
},
{
"act_id": 75,
"details": "(2) The Court may, if it thinks fit, summon and examine such deponent as to the subject-matter of his deposition.",
"name": "Power to summon medical witness",
"related_acts": "",
"section_id": 507
},
{
"act_id": 75,
"details": "501509A. Where in any inquiry, trial or other proceeding under this Code the report of a post-mortem examination is required to be used as evidence, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, such report may be used as evidence.",
"name": "Report of post-mortem examination",
"related_acts": "",
"section_id": 508
},
{
"act_id": 75,
"details": "502510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to Government or any serologist, handwriting expert, finger print expert or fire-arm expert appointed by the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may, without calling him as a witness, be used as evidence in any inquiry, trial or other proceeding under this Code.",
"name": "Report of Chemical Examiner, serologist, etc.",
"related_acts": "",
"section_id": 509
},
{
"act_id": 75,
"details": "503510A.(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.",
"name": "Evidence of formal character on Affidavit",
"related_acts": "",
"section_id": 510
},
{
"act_id": 75,
"details": "511. In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force- (a) \tby an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was had to be a copy of the sentence or order; or (b) \tin case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commitment under which the punishment was suffered; together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.",
"name": "Previous conviction or acquittal how proved",
"related_acts": "",
"section_id": 511
},
{
"act_id": 75,
"details": "512.(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try 504* * * such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Any such deposition may 505* * * be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.",
"name": "Record of evidence in absence of accused",
"related_acts": "",
"section_id": 512
},
{
"act_id": 75,
"details": "(2) If it appears that an offence punishable with death or transportation has been committed by some person or persons unknown, the High Court Division may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of Bangladesh.",
"name": "Record of evidence when offender unknown",
"related_acts": "",
"section_id": 513
},
{
"act_id": 75,
"details": "513. When any person is required by any Court or officer to execute a bond, with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix, in lieu of executing such bond.",
"name": "Deposit instead of recognizance",
"related_acts": "",
"section_id": 514
},
{
"act_id": 75,
"details": "514.(1) Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of a 506Metropolitan Magistrate or Magistrate of the first class, or, when the bond is for appearance before a Court, to the satisfaction of such Court, that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the movable property belonging to such person or his estate if he be dead. (3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorize the attachment and sale of any movable property belonging to such person without such limits, when endorsed by the District Magistrate 507*** within the local limits of whose jurisdiction such property is found. (4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months. (5) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only. (6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (7) When any person who has furnished security under section 106 or section 118 508*** is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 514B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.",
"name": "Procedure on forfeiture of bond",
"related_acts": "",
"section_id": 515
},
{
"act_id": 75,
"details": "509514A. When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 514, the Court by whose order such bond\twas taken, or a 510Metropolitan Magistrate or Magistrate of the first class, may order the person form whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and, if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order.",
"name": "Procedure in case of insolvency or death of surety or when a bond is forfeited",
"related_acts": "",
"section_id": 516
},
{
"act_id": 75,
"details": "514B. When the person required by any Court or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.",
"name": "Bond required from a minor",
"related_acts": "",
"section_id": 517
},
{
"act_id": 75,
"details": "511515. All orders passed under section 514, by any Magistrate whether Executive or Judicial or Metropolitan Magistrate shall be appealable to the District Magistrate, Sessions Judge or the Metropolitan Sessions Judge respectively and where no such appeal is made, the order may be revised- (a)\tby the Judicial Metropolitan Magistrate, if the order is passed by a Judicial Magistrate other than the Chief Judicial Magistrate; (b)\tby the Chief Metropolitan Magistrate if the order is passed by a Metropolitan Magistrate other than the Chief Judicial Magistrate; and (c)\tby the District Magistrate, if the order is passed by an Executive Magistrate other than the District Magistrate.",
"name": "Appeal from, and revision of, orders under section 514",
"related_acts": "",
"section_id": 518
},
{
"act_id": 75,
"details": "516. The High Court Division or Court of Session may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court Division or Court of Session.",
"name": "Power to direct levy of amount due on certain recognizances",
"related_acts": "",
"section_id": 519
},
{
"act_id": 75,
"details": "512516A. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.",
"name": "Order for custody and disposal of property pending trial in certain cases",
"related_acts": "",
"section_id": 520
},
{
"act_id": 75,
"details": "517.(1) When an inquiry or a trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) When High Court Division or a Court of Session makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto, such Court may direct that the order be carried into effect by the 513Chief Metropolitan Magistrate or District Magistrate. (3) When an order is made under this section such order shall not, except where the property is livestock or subject to speedy and natural decay, and save as provided by sub-section (4), be carried out for one month, or, when an appeal is presented, until such appeal has been disposed of. (4) Nothing in this section shall be deemed to prohibit any Court from delivering any property under the provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his executing a bond with or without sureties to the satisfaction of the Court, engaging to restore such property to the Court if the order made under this section is modified or set aside on appeal. Explanation- In this section the term \"property\" includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.",
"name": "Order for disposal of property regarding which offence committed",
"related_acts": "",
"section_id": 521
},
{
"act_id": 75,
"details": "518. In lieu of itself passing an order under section 517, the Court may direct the property to be delivered to the 515District Magistrate, who shall in such cases deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.",
"name": "Order may take form of reference to District *** Magistrate.",
"related_acts": "",
"section_id": 522
},
{
"act_id": 75,
"details": "519. When any person is convicted of any offence which includes, or amounts to theft or receiving stolen property, and it is proved that any other person has bought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.",
"name": "Payment to innocent purchaser of money found on accused",
"related_acts": "",
"section_id": 523
},
{
"act_id": 75,
"details": "520. Any Court of appeal, confirmation, reference or revision may direct any order under section 517, section 518 or section 519, passed by a Court subordinate thereto, to be stayed pending consideration by the former Court, and may modify, alter or annul such order and make any further orders that may be just.",
"name": "Stay of order under sections 517, 518 or 519",
"related_acts": "",
"section_id": 524
},
{
"act_id": 75,
"details": "521.(1) On a conviction under the Penal Code, section 292, section 293, section 501 or section 502, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted. (2) The Court may, in like manner, on a conviction under the Penal Code, section 272, section 273, section 274 or section 275, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.",
"name": "Destruction of libelous and other matter",
"related_acts": "",
"section_id": 525
},
{
"act_id": 75,
"details": "522.(1) Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or by criminal intimidation any person has been dispossessed of any immovable property, the Court may, if it thinks fit, when convicting such person or at any time within one month from the date of the conviction order the person dispossessed to be restored to the possession of the same. (2) No such order shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. (3) An order under this section may be made by any Court of appeal, confirmation, reference or revision.",
"name": "Power to restore possession of immovable property",
"related_acts": "",
"section_id": 526
},
{
"act_id": 75,
"details": "523.(1) The seizure by any police-officer of property taken under section 51, or alleged or suspected to have been stolen, or found under circumstances which create suspicion of the commission of any offence, shall be forthwith reported to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or, if such person cannot be ascertained, respecting the custody and production of such property.",
"name": "Procedure by police upon seizure of property taken under section 51 or stolen",
"related_acts": "",
"section_id": 527
},
{
"act_id": 75,
"details": "(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit. If such person is unknown, the Magistrate may detain it and shall, in such case, 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 and establish his claim within 516one month from the date of such proclamation.",
"name": "Procedure where owner of property seized unknown",
"related_acts": "",
"section_id": 528
},
{
"act_id": 75,
"details": "524.(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found, is unable to show that it was legally acquired by him, such property shall be at the disposal of the Government, and may be sold under the orders of the 517 Chief Metropolitan Magistrate, Chief Judicial Magistrate, or of a Magistrate of the first class empowered by the Government in this behalf. (2) In the case of every order passed under this section, an appeal shall lie to the Court to which appeals against sentences of the Court passing such order would lie.",
"name": "Procedure where no claimant appears within six months",
"related_acts": "",
"section_id": 529
},
{
"act_id": 75,
"details": "525. If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten taka the Magistrate may at any time direct it to be sold; and the provisions of sections 523 and 524 shall, as nearly as may be practicable, apply to the net proceeds of such sale.",
"name": "Power to sell perishable property",
"related_acts": "",
"section_id": 530
},
{
"act_id": 75,
"details": "518525A.(1) The Appellate Division may direct the transfer of any particular case or appeal from one permanent Bench of the High Court Division to another permanent Bench of the High Court Division, or from any Criminal Court within the jurisdiction of one permanent Bench of the High Court Division to any other Criminal Court of equal or superior jurisdiction within the jurisdiction of another permanent Bench of the High Court Division, whenever it appears to it that such transfer will promote the ends of justice, or tend to the general convenience of parties or witnesses.\t (2) The permanent Bench of the High Court Division or the Court, as the case may be, to which such case or appeal is transferred shall deal with the same as if it had been originally instituted in, or presented to, such Bench or Court, as the case may be.",
"name": "Power of Appellate Division to transfer cases and appeals",
"related_acts": "",
"section_id": 531
},
{
"act_id": 75,
"details": "526.(1) Whenever it is made to appear to the High Court Division- (a)\tthat a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b)\tthat some question of law of unusual difficulty is likely to arise, or (c)\tthat a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the same, or (d)\tthat an order under this section will tend to the general convenience of the parties or witnesses, or (e)\tthat such an order is expedient for the ends of justice, or is required by any provision of this Code; it may order- (i)\tthat any offence be inquired into or tried by any Court not empowered under sections 177 to 519183 (both inclusive), but in other respects competent to inquire into or try such offence; (ii)\tthat any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii)\tthat any particular case or appeal be transferred to and tried before itself; or (iv)\tthat an accused person be 520sent for trial to itself or to a Court of Session. (2) When the High Court Division withdraws for trial before itself any case from any Court it shall 521* * * observe in such trial the same procedure which that Court would have observed if the case had not been so withdrawn. (3) The High Court Division may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative 522: Provided that no application shall lie to the High Court Division for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.. (4) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the 523Attorney-General, be supported by affidavit or affirmation. (5) When an accused person makes an application under this section, the High Court Division may direct him to execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the High Court Division may under this section award by way of compensation to the person opposing the application.",
"name": "High Court Division may transfer case or itself try it",
"related_acts": "",
"section_id": 532
},
{
"act_id": 75,
"details": "(6) Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6A) Where any application for the exercise of the power conferred by this section is dismissed, the High Court Division may if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding 524one thousand taka as it may consider proper in the circumstances of the case. (7) Nothing in this section shall be deemed to affect any order made under section 197.",
"name": "Notice to Public Prosecutor of application under this section",
"related_acts": "",
"section_id": 533
},
{
"act_id": 75,
"details": "(8) If in any inquiry under Chapter VIII 525* * * or any trial, any party interested intimates to the Court at any stage before the defence closes its case that he intends to make an application under this section, the Court shall, upon his executing, if so required, a bond without sureties, of an amount not exceeding two hundred taka, that he will make such application within a reasonable time to be fixed by the Court, adjourn the case for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon: Provided that nothing herein contained shall require the Court to adjourn the case upon a second or subsequent intimation from the same party, or, where an adjournment under this sub-section has already been obtained by one of several accused, upon a subsequent intimation by any other accused. (9) Notwithstanding anything hereinbefore contained, a Judge presiding in a Court of Session shall not be required to adjourn a trial under sub-section (8) if he is of opinion that the person notifying his intention of making an application under this section has had a reasonable opportunity of making such an application and has failed without sufficient cause to take advantage of it. Explanation-Nothing contained in sub-section (8) or sub-section (9) restricts the powers of a Court under section 344. (10) If, before the argument (if any) for the admission of an appeal begins, or, in the case of an appeal admitted, before the argument for the appellant begins, any party interested intimates to the Court that he intends to make an application under this section, the Court shall, upon such party executing, if so required, a bond without sureties of an amount not exceeding two hundred taka that he will make such application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will afford sufficient time for the application to be made and an order to be obtained thereon.",
"name": "Adjournment on application under this section",
"related_acts": "",
"section_id": 534
},
{
"act_id": 75,
"details": "526A. Omitted by section 2 of the Code of Criminal Procedure (Amendment) Ordinance, 1969 (Ordinance No. XX of 1969).",
"name": "Omitted",
"related_acts": "",
"section_id": 535
},
{
"act_id": 75,
"details": "526526B.(1) Whenever it is made to appear to a Sessions Judge that an order under this section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the Application of a party interested, or on his own initiative. (3) The provisions of sub-sections (4) to (10) (both inclusive) of section 526 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court Division for an order sub-section (1) of section 526.",
"name": "Power of Sessions Judge to transfer cases",
"related_acts": "",
"section_id": 536
},
{
"act_id": 75,
"details": "527. Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"name": "Omitted",
"related_acts": "430",
"section_id": 537
},
{
"act_id": 75,
"details": "528.(1) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to, any 527Joint Sessions Judge subordinate to him. (1A) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, any Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (1B) Where a Sessions Judge withdraws or recalls a case under sub-section (1) or recalls a case or appeal under sub-section (IA), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.",
"name": "Sessions Judge may withdraw cases from Assistant Sessions Judge.",
"related_acts": "",
"section_id": 538
},
{
"act_id": 75,
"details": "(2) The Chief Metropolitan Magistrate or 528Chief Judicial Magistrate or District Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.",
"name": "",
"related_acts": "",
"section_id": 539
},
{
"act_id": 75,
"details": "(3) The Government 529with the approval of the High Court Division may authorize the 530Chief Metropolitan Magistrate or the Chief Judicial Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases. (4) Any Magistrate may recall any case made over by him under section 192, sub-section (2), to any other Magistrate and may inquire into or try such case himself. (5) A Magistrate making an order under this section shall record in writing his reasons for making the same. CHAPTER XLIVA.–Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950), Schedule.",
"name": "",
"related_acts": "",
"section_id": 540
},
{
"act_id": 75,
"details": "529.\tIf any Magistrate not empowered by law to do any of the following things, namely:– (a) \tto issue a search-warrant under section 98; (b) \tto order, under section 155, the police to investigate an offence; (c) \tto hold an inquest under section 176; (d) \tto issue process, under section 186, for the apprehension of a person within the local limits of his jurisdiction who has committed an offence outside such limits; (e) \tto take cognizance of an offence under section 190, sub-section (1), clause (a), or clause (b); (f) \tto transfer a case under section 192; (g) \tto tender a pardon under section 337 or section 338; (h) \tto sell property under section 524 or section 525; or (i) \tto withdraw a case and try it himself under section 528; erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.",
"name": "Irregularities which do not vitiate proceedings",
"related_acts": "",
"section_id": 541
},
{
"act_id": 75,
"details": "530. If any Magistrate, not being empowered by law in this behalf, does any of the following thins, namely:– (a)\tattaches and sells property under section 88; (b)\tissues a search-warrant for a letter, parcel or other thing in the Post Office, or a telegram in the Telegraph Department; (c)\tdemands security to keep the peace; (d)\tdemands security for good behaviour; (e)\tdischarges a person lawfully bound to be of good behaviour; (f)\tcancels a bond to keep the peace; (g)\tmakes an order under section 133 as to a local nuisance; (h)\tprohibits, under section 143, the repetition or continuance of a public nuisance; (i)\tissues an order under section 144; (j)\tmakes an order under Chapter XII; (k)\ttakes cognizance, under section 190, sub-section (1) clause (c), of an offence; (l)\tpasses a sentence, under section 349, on proceedings recorded by another Magistrate; (m)\tcalls, under section 435, for proceedings; (n)\tmakes an order for maintenance; (o)\trevises, under section 515, an order passed under section 514; (p)\ttries an offender; (q)\ttries an offender summarily; or (r)\tdecides an appeal; his proceedings shall be void.",
"name": "Irregularities which vitiate proceedings",
"related_acts": "",
"section_id": 542
},
{
"act_id": 75,
"details": "531. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceeding in the course of which it was arrived at or passed, took place in a wrong sessions division, district, 531*** or other local area, unless it appears that such error has in fact occasioned a failure of justice.",
"name": "Proceedings in wrong place",
"related_acts": "",
"section_id": 543
},
{
"act_id": 75,
"details": "532. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 544
},
{
"act_id": 75,
"details": "533.(1) If any Court, before which a confession or other statement of an accused person recorded or purporting to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly make the statement recorded; and, notwithstanding anything contained in the Evidence Act, 1872, section 91, such statement shall be admitted if the error has not injured the accused as to his defence on the merits. (2) The provisions of this section apply to Courts of Appeal, Reference and Revision.",
"name": "Non-compliance with provisions of section 164 or 364",
"related_acts": "24",
"section_id": 545
},
{
"act_id": 75,
"details": "534. Omitted by Schedule of the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (Act No. II of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 546
},
{
"act_id": 75,
"details": "535.(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.",
"name": "Effect of omission to prepare charge",
"related_acts": "",
"section_id": 547
},
{
"act_id": 75,
"details": "536. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 548
},
{
"act_id": 75,
"details": "537. Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXVII or on appeal or revision on account– (a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or 532* * * 533* * * Explanation–In determining whether any error, omission or irregularity in any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.",
"name": "Finding or sentence when reversible by reason of error or omission in charge or other proceedings",
"related_acts": "",
"section_id": 549
},
{
"act_id": 75,
"details": "538. No. attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.",
"name": "Attachment not illegal, person making same not trespasser for defect or want of form in proceedings",
"related_acts": "",
"section_id": 550
},
{
"act_id": 75,
"details": "539. Affidavits and affirmations to be used before High Court Division or any officer of such Court may be sworn and affirmed before such Court or the Clerk of the State or any Commissioner or other person appointed by such Court for that purpose, or any Judge, or any Commissioner for taking affidavits in any Court of Record in Bangladesh 534* * *.",
"name": "Courts and persons before whom affidavits may be sworn",
"related_acts": "",
"section_id": 551
},
{
"act_id": 75,
"details": "535539A.(1) When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. An affidavit to be used before any Court other than High Court Division under this section may be sworn or affirmed in the manner prescribed in section 539, or before any Magistrate. Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and, in the latter case, the deponent shall clearly state the grounds of such belief. (2) The Court may order any scandalous and irrelevant matter in an affidavit to be struck out or amended.",
"name": "Affidavit in proof of conduct of public servant",
"related_acts": "",
"section_id": 552
},
{
"act_id": 75,
"details": "539B.(1) Any Judge or Magistrate may at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of property appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case. If the Public Prosecutor, complainant or accused so desires, a copy of the memorandum shall be furnished to him free of cost: 536* * *",
"name": "Local inspection",
"related_acts": "",
"section_id": 553
},
{
"act_id": 75,
"details": "540. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.",
"name": "Power to summon material witness or examine person present",
"related_acts": "",
"section_id": 554
},
{
"act_id": 75,
"details": "540A.(1) At any stage of an inquiry or trial under this Code, where two or more accused are before the Court, if the Judge or Magistrate is satisfied, for reasons to be recorded, that any one or more of such accused is or are incapable of remaining before the Court, he may, if such accused is represented by 537an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by 538an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit, and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.",
"name": "Provision for inquiries and trial being held in the absence of accused in certain cases",
"related_acts": "",
"section_id": 555
},
{
"act_id": 75,
"details": "541.(1) Unless when otherwise provided by any law for the time being in force, the Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined.",
"name": "Power to appoint place of imprisonment",
"related_acts": "",
"section_id": 556
},
{
"act_id": 75,
"details": "(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either– (a) \tthree years have lapsed since he was removed to the criminal jail, in which case he shall be deemed to have been discharged from the civil jail under 539section 58 of the 540Code of Civil Procedure, 1908; or (b) \tthe Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be discharged under 541section 58 of the 542Code of Civil Procedure, 1908.",
"name": "Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail",
"related_acts": "86,86",
"section_id": 557
},
{
"act_id": 75,
"details": "542. Repealed by section 3 and II Schedule of the Federal Laws (Revision and Declaration) Act. 1951 (XXVI of 1951).",
"name": "Repealed",
"related_acts": "",
"section_id": 558
},
{
"act_id": 75,
"details": "543. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.",
"name": "Interpreter to be bound to interpret truthfully",
"related_acts": "",
"section_id": 559
},
{
"act_id": 75,
"details": "544. Subject to any rules made by the Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Code.",
"name": "Expenses of complainants and witnesses",
"related_acts": "",
"section_id": 560
},
{
"act_id": 75,
"details": "545.(1) Wherever under any law in force for the time being a Criminal Court imposes a fine or confirms in appeal, revision or otherwise a sentence of fine, or a sentence of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied– (a)\tin defraying expossess properly incurred in the prosecution; (b)\tin the payment to any person of compensation for any loss or injury caused by the offence, when substantial compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) \twhen any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser, of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2)\tIf the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.",
"name": "Power of Court to pay expenses or compensation out of fine",
"related_acts": "",
"section_id": 561
},
{
"act_id": 75,
"details": "546. At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under section 545.",
"name": "Payments to be taken into account in subsequent suit",
"related_acts": "",
"section_id": 562
},
{
"act_id": 75,
"details": "543546A.(1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may in addition to the penalty imposed upon him, order him to pay to the complainant– (a) \tthe fee (if any) paid on the petition of compliant or for the examination of the complainant, and (b) \tany fees paid by the complainant for serving processes on his witnesses or on the accused, and may further order that, in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days. (2) An order under this section may also be made by an Appellate Court, or by the High Court Division, when exercising its powers of revision.",
"name": "Order of payment of certain fees paid by complainant in non-cognizable cases",
"related_acts": "",
"section_id": 563
},
{
"act_id": 75,
"details": "547. Any money (other than a fine) payable by virtue of any order made under this code, and the method of recovery of which is not otherwise expressly provided for shall be recoverable as if it were a fine.",
"name": "Moneys ordered to be paid recoverable as fines",
"related_acts": "",
"section_id": 564
},
{
"act_id": 75,
"details": "548. If any person affected by a judgment or order passed by a Criminal Court desires to have a copy of 544* * * any order or deposition or other part of the record be shall, on applying for such copy, be furnished therewith: Provided that he pays for the same, unless the Court, for some special reason, thinks fit to furnish it free of cost.",
"name": "Copies of proceedings",
"related_acts": "",
"section_id": 565
},
{
"act_id": 75,
"details": "(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any body of soldiers, sailors or airman stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.",
"name": "Apprehension of such persons",
"related_acts": "",
"section_id": 566
},
{
"act_id": 75,
"details": "549.(1) The Government may make rules consistent with this Code and the Army Act, 1952 (XXXIX of 1952), the Air Force Act, 1953 (VI of 1953), and the Navy Ordinance, 1961 (XXXV of 1961), and any similar law for the time being in force as to the cases in which persons subject to military, naval or air force law, shall be tried by a Court to which the Code applies, or by Court martial, and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the regiment, corps, ship or detachment, to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be, for the purpose of being tried by Court-martial.",
"name": "Delivery to military authorities of persons liable to the tried by Court-martial",
"related_acts": "248,256,310",
"section_id": 567
},
{
"act_id": 75,
"details": "550. Any police-officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. Such police-officer, if subordinate to the officer in charge of a police-station, shall forthwith report the seizure to that officer.",
"name": "Powers to police to seize property suspected to be stolen",
"related_acts": "",
"section_id": 568
},
{
"act_id": 75,
"details": "551. Police -officers superior in rank to an officer in charge of a police-station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.",
"name": "Power of superior officers of police",
"related_acts": "",
"section_id": 569
},
{
"act_id": 75,
"details": "552. Upon complaint made to a 545Metropolitan Magistrate 546or a Magistrate of the first class or District Magistrate on oath of the abduction or unlawful detention of woman, or of a female child under the age of sixteen years, for any unlawful purpose, he may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.",
"name": "Power to compel restoration of abducted females",
"related_acts": "",
"section_id": 570
},
{
"act_id": 75,
"details": "553. Repealed by section 3 and II Schedule of the Federal Laws (Revision and declaration) Act, 1951 (Act No. XXVI of 1951).",
"name": "Repealed",
"related_acts": "",
"section_id": 571
},
{
"act_id": 75,
"details": "554.(1) With the previous sanction of the 547Government, the Supreme Court may, from time to time, make rules for the inspection of the records of subordinate Courts.",
"name": "Power of chartered High Court Division to make rules for inspection of records of subordinate Courts",
"related_acts": "",
"section_id": 572
},
{
"act_id": 75,
"details": "(2) 548The Supreme Court may, from time to time, and with the previous sanction of the Government– (a)\tmake rules for keeping all books, entries and accounts to be kept in all Criminal Courts subordinate to it, and for the preparation and transmission of any returns or statements to be prepared and submitted by such Courts; (b)\tframe forms for every proceeding in the said Courts for which it thinks that a form should be provided; (c)\tmake rules for regulating its own practice and proceedings and the practice and proceedings of all Criminal Courts subordinate to it; and (d)\tmake rules for regulating the execution of warrants issued under this Code for the levy of fines: Provided that the rules and forms made and framed under this section shall not be inconsistent with this Code or any other law in force for the time being. (3) \tAll rules made under this section shall be published in the official Gazette.",
"name": "Power of other High Court Division to make rules for other purposes",
"related_acts": "",
"section_id": 573
},
{
"act_id": 75,
"details": "555. Subject to the power conferred by section 554, and by 549article 107 of the Constitution of the People's Republic of Bangladesh, the forms set forth in the fifth schedule, with such variation as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.",
"name": "Forms",
"related_acts": "",
"section_id": 574
},
{
"act_id": 75,
"details": "556. No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try 550* * * for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or make himself. Explanation–A Judge or Magistrate shall not be deemed a party, or personally interested, within the meaning of this section, to or in any case by reason only that he is a Municipal Commissioner or otherwise concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. Illustration A, as Collector, upon consideration of information furnished to him, directs the prosecution of B or a breach of the excise Laws. A is disqualified from trying this case as a Magistrate.",
"name": "Case in which Judge or Magistrate is personally interested",
"related_acts": "",
"section_id": 575
},
{
"act_id": 75,
"details": "557. No pleader who practices in the Court of any Magistrate in a district, shall sit as a Magistrate in such Court or in any Court within the jurisdiction of such Court.",
"name": "Practicing pleader not to sit as Magistrate in certain Courts",
"related_acts": "",
"section_id": 576
},
{
"act_id": 75,
"details": "558. The Government may determine what, for the purposes of this Code, shall be deemed to be the language of each Court within the territories administered by 551it.",
"name": "Power to decide language of Courts",
"related_acts": "",
"section_id": 577
},
{
"act_id": 75,
"details": "559.(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor in office. (2) When there is any doubt as to who is the successor in office of any Magistrate, 552the Chief Metropolitan Magistrate or, 553the Chief Judicial Magistrate or the District Magistrate, the District Magistrate shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Magistrate. (3) When there is any doubt as to who is the successor in office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Additional or Assistant Sessions Judge.",
"name": "Provision for powers of Judges and Magistrates being exercised by their successors in office",
"related_acts": "",
"section_id": 578
},
{
"act_id": 75,
"details": "560. A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.",
"name": "Officers concerned in sales not to purchase or bid for property",
"related_acts": "",
"section_id": 579
},
{
"act_id": 75,
"details": "554561A. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.",
"name": "Saving of inherent power of High Court Division",
"related_acts": "",
"section_id": 580
},
{
"act_id": 75,
"details": "561.(1) Notwithstanding anything in this Code, no Magistrate 555except the Chief Metropolitan Magistrate or a 556Chief Judicial Magistrate shall– (a) take cognizance of the offence of rape where the sexual intercourse was by a man with is wife, or (b) 557send the man for trial for the offence. (2) And, notwithstanding anything in this Code, 558if the Chief Metropolitan Magistrate or a 559Chief Judicial Magistrate deems it necessary to direct an investigation by a police-officer, with respect to such an offence as is referred to in sub-section (1), no police-officer of a rank below that of police-inspector shall be employed either to make, or to take part in, the investigation.",
"name": "Special provisions with respect to offence of rape by a husband",
"related_acts": "",
"section_id": 581
},
{
"act_id": 75,
"details": "562. Repealed by section 16 of the Probation of Offenders Ordinance, 1960 (Ordinance No. XLV of 1960).",
"name": "Repealed",
"related_acts": "302",
"section_id": 582
},
{
"act_id": 75,
"details": "563. Repealed by section 16 of the Probation of Offenders Ordinance, 1960 (Ordinance No. XLV of 1960).",
"name": "Repealed",
"related_acts": "302",
"section_id": 583
},
{
"act_id": 75,
"details": "564. Repealed by section 16 of the Probation of Offenders Ordinance, 1960 (Ordinance No. XLV of 1960).",
"name": "Repealed",
"related_acts": "302",
"section_id": 584
},
{
"act_id": 75,
"details": "565.(1) When any person having been convicted– (a) by a Court in Bangladesh of an offence punishable under section 215, section 489A, section 489B, section 489C, or section 489D of the Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment of either description for a term of three years or upwards, or 560* * *, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by the High Court Division, Court of Session, 561Metropolitan Magistrate, 562*** or Magistrate of the first class, such Court or Magistrate may, if it or he thinks fit, at the time of passing sentence of transportation or imprisonment on such person, also order that his residence and any change of or absence from such residence after release be notified as herein after provided for a term not exceeding five years from the date of the expiration of such sentence. (2) If such conviction is set aside on appeal or otherwise, such order shall become void. (3) The Government may make rules to carry out the provisions of this section relating to the notification of residence or change of or absence from residence by released convicts. (4) An order under this section may also be made by an Appellate Court or by the High Court Division when exercising its powers of revision. (5) Any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.",
"name": "Order for notifying address of previously convicted offender",
"related_acts": "",
"section_id": 585
}
],
"text": "1♠An Act to consolidate and amend the law relating to the Criminal Procedure. WHEREAS it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows:"
} |
{
"id": 77,
"lower_text": [
"1 The words, figure and comma “or by Schedule IA, as the case may be” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (21) was substituted by section 2 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"3 The words, comma and figure “Indian Army Act, 1911 or the Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The first proviso of section 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, comma, figures and brackets \"Merchant Shipping Ordinance, 1983 (XXVI of 1983)\" were substituted for the words, commas, figures \"Merchant Shipping Act, 1894, or under Act XIX of 1838 or the Registration of Ships Act, 1841, as amended by subsequent Acts” by section 2 of the Stamp (Amendment) Ordinance, 1986 (Ordinance No. XIV of 1986",
"6 Sub-section (1) was substituted, for sub-section (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words “three hundred Taka” were substituted for the words “three Taka” by section 2 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"8 The words, letter and commas “or in Schedule IA, as the case may be,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words and figure \"unless it falls within the provisions of section 6A\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words, comma and figures “other than insurance as is referred to in section 506 of the Merchant Shipping Act, 1894” were omitted by section 2 of the Finance Act, 2000 (Act No. XV of 2000)",
"11 Section 11A was inserted by section 3 of the Finance Act, 2000 (Act No. XV of 2000)",
"12 The words \"advocate on the roll of the Supreme Court\" were substituted, for the words and comma “advocate, vakil or attorney on the roll of a High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 Section 23A was added by the Indian Stamp (Amendment) Act, 1904 (Act No. XV of 1904)",
"14 Sub-section (2A) was inserted by section 3 of the Finance Ordinance, 1984 (Ordinance No. XLII of 1984)",
"15 The words “ five hundred Taka” were substituted for the words “ four hundred Taka” by section 2 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"16 The words “ five hundred Taka” were substituted for the words “ four hundred Taka” by section 2 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"17 The words “ five hundred Taka” were substituted for the words “ four hundred Taka” by section 2 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"18 The words, brackets, letter and figure “other than an instrument chargeable with duty under clause (bb) of the first proviso to section 3” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 Clause (d) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The words \"thirty poisha\" were substituted, for the words \"fifteen paisa\" by section 3 of the Finance Act, 1974 (Act No. XLIV of 1974)",
"21 The words and comma \"thereon, to the High Court Division\" were substituted for the words and comma \"thereon,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 Clauses (a) and (b) of sub-section (1) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 The words, brackets, letters and comma \"fifty thousand taka and shall also be liable to pay the amount of the money by which the Government has been defrauded due to his act or omission under clause (a), (b) or (c)\" were substituted for the words \"five thousand taka\" by section 2 of the Finance Act, 1993 (Act No. XVIII of 1993)",
"24 The words “or any Act hereby repealed” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 Section 76A was inserted by the Decentralization Act, 1914 (Act No. IV of 1914)",
"26 The words \"Government may\" were substituted, for the words and commas \"Central Government, and the Provincial Government, may\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words \"The Government\" were substituted for the words \"Every Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 The word \"Bengali\" was substituted for the words \"the Principal Vernacular Languages of the territories administered by it\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Stamp Act, 1899",
"num_of_sections": 86,
"published_date": "27th January, 1899",
"related_act": [
1409,
675,
103,
75,
77,
430,
46,
86,
248,
473
],
"repelled": false,
"sections": [
{
"act_id": 77,
"details": "1.(1) \tThis Act may be called the Stamp Act, 1899. (2) \tIt extends to the whole of Bangladesh. (3) \tIt shall come into force on the first day of July, 1899.",
"name": "Short title, extent and commencement.",
"related_acts": "77",
"section_id": 1
},
{
"act_id": 77,
"details": "2. \tIn this Act, unless there is something repugnant in the subject or context,- \"Banker\" (1)\t“banker” include a bank and any person acting as a banker: “Bill of exchange” (2)\t“bill of exchange” means a bill of exchange as defined by the Negotiable Instruments Act, 1881, and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money: “Bill of exchange payable on demand” (3)\t\t“bill of exchange payable on demand” includes,- (a) \tan order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; (b)\tan order for the payment of any sum of money weekly, monthly or at any other stated periods; and (c)\ta letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn: “Bill of lading” (4) \t“bill of lading” includes a “through bill of lading,” but does not include a mate's receipt: “Bond”\t(5) \t“bond” includes- (a)\tany instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (b)\tany instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and (c)\tany instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another: “Chargeable” (6) \t“chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument, chargeable under the law in force in Bangladesh when such instrument was executed or, where several persons executed the instrument at different times, first executed: “Cheque” (7) \t“cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand: (8) \tOmitted by the Government of India (Adaptation of Indian Laws) Order, 1937. “Collector”\t(9) \t“Collector”- (a)\t\tmeans the collector of a district ; and (b)\t\tincludes a Deputy Commissioner and any officer whom the Government may, by notification in the official Gazette, appoint in this behalf: “Conveyance” (10) \t“conveyance” includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I 1* * *: “Duly Stamped” (11) \t“duly stamped”, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount, and that such stamp has been affixed or used in accordance with the law for the time being in force in Bangladesh: “Executed” and “Execution” (12) “executed” and “execution”, used with reference to instruments, mean “signed” and “signature”: “Impressed Stamp”\t(13) \t“impressed stamp” includes- (a)\tlabels affixed an impressed by the proper officer, and (b)\tstamps embossed or engraved on stamped paper: “Instrument” (14) \t“instrument” includes every documents by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded: “Instrument of partition” (15) \t“instrument of partition” means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator directing a partition: “Lease” (16) \t“lease” means a lease of immovable property, and includes also- (a)\ta patta; (b)\ta kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy or pay or delivery rent for immovable property; (c)\tany instrument by which tolls of any description are let; (d)\tany writing on an application for a lease intended to signify that the application is granted: “Marketable Security” (16a)\t“marketable security” means a security of such a description as to be capable of being sold in any stock market in Bangladesh or in the United Kingdom: “Mortgagee-deed” (17) \t“mortgagee-deed” includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property: “Paper” (18) \t“paper” includes vellum, parchment or any other material on which an instrument may be written: “Policy of Insurance”\t(19) \t“policy of insurance” includes- (a)\tany instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event; (b)\ta life-policy, and any policy insuring any person against accident or sickness, and any other personal insurance: “Policy of sea-insurance” or “Sea-policy”\t(20) \t“policy of sea-insurance” or “sea-policy”- (a)\tmeans any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel; and (b)\tincludes any insurance of goods, merchandise or property for any transit which includes not only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance: Where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for sea-insurance: “Power of Attorney” 2(21) “Power of Attorney” means the power of attorney as defined in section-2, clause (1), of the Power of Attorney Act, 2012 (Act No. XXXV of 2012): “Promissory note” (22) \t“promissory note” means a promissory note defined by the Negotiable Instruments Act, 1881; It also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen: “Receipt”\t(23) \t“receipt” includes any note, memorandum or writing- (a)\twhereby any money, or any bill of exchange, cheque or promissory note is acknowledged to have been received, or (b)\twhereby any other movable property is acknowledged to have been received in satisfaction of a debt, or (c)\twhereby any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or (d)\twhich signifies or imports any such acknowledge-ment, and whether the same is or is not signed with the name of any person: “Settlement” (24) “settlement” means any non-testamentary disposition, in writing, of movable or immovable property made- (a)\tin consideration of marriage, (b)\tfor the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or (c)\tfor any religious or charitable purpose; and includes an agreement in writing to make such a disposition and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition: and “Soldier” (25) \t“Soldier” includes any person below the rank of non-commissioned officer who is enrolled under the 3*** Army Act, 1952.",
"name": "Definitions",
"related_acts": "46,46,248",
"section_id": 2
},
{
"act_id": 77,
"details": "3. Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in that schedule as the proper duty therefore, respectively, that is to say- (a)\t\tevery instrument mentioned in that schedule which, not, having been previously executed by any person, is executed in Bangladesh on or after the first day of July, 1899; (b)\t\tevery bill of exchange payable otherwise than on demand or promissory note drawn or made out of Bangladesh on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred, or otherwise negotiated, in Bangladesh; and (c)\t\tevery instrument (other than a bill of exchange or promissory note) mentioned in that schedule, which, not having been previously executed by any person, is executed out of Bangladesh on or after that day relates to any property situate, or to any matter or thing done or to be done, in Bangladesh and is received in Bangladesh: 4* * * Provided also that no duty shall be chargeable in respect of- (1) \tany instrument executed by, or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) \tany instrument for the sale, transfer or other disposition, either absolutely or by way of mortgagee or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the 5Merchant Shipping Ordinance, 1983 (XXVI of 1983).",
"name": "Instruments chargeable with duty.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 77,
"details": "4. 6(1) Where, in the case of any sale, mortgagee or settlement, several instruments are employed for completing the transaction, the Principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, mortgagee or settlement, and each of the other instruments shall be chargeable with a duty of 7three hundred Taka instead of the duty (if any) prescribed for it in that Schedule. (2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument: Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed.",
"name": "Several instruments used in single transaction of sale, mortgagee or settlement.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 77,
"details": "5. Any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this Act.",
"name": "Instruments relating to several distinct matters.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 77,
"details": "6. Subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in Schedule I 8*** shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties: Provided that nothing in this Act contained shall render chargeable with duty exceeding three Taka a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid 9* * *.",
"name": "Instruments coming within several descriptions in Schedule I.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 77,
"details": "6A.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 7
},
{
"act_id": 77,
"details": "7.(1) No contract for sea-insurance 10* * * shall be valid unless the same is expressed in a sea-policy. (2) No sea-policy made for time shall be made for any time exceeding twelve months. (3) No sea-policy shall be valid unless it specifies the particular risk or adventure, or the time, for which it is made, the names of the subscribers or underwriters, and the amount or amounts insured. (4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time.",
"name": "Policies of sea-insurance.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 77,
"details": "8.(1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loans Act, 1914, or of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of one per centum on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped, and shall not be chargeable with any further duty on renewal, consolidation, subdivision or otherwise. (2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not: Provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of March, 1897, when such duty has not already been paid or remitted by order issued by the Government. (3) In the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues.",
"name": "Bonds, debentures or other securities issued on loans under Act XI of 1879.",
"related_acts": "103",
"section_id": 9
},
{
"act_id": 77,
"details": "9. The Government may, by rule or order publish in the official Gazette,- (a)\t\treduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the duties with which any instruments, or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and (b)\t\tprovide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of debentures, bonds or other marketable securities.",
"name": "Power to reduce, remit or compound duties.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 77,
"details": "10.(1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps- (a)\taccording to the provisions herein contained; or (b)\twhen no such provision is applicable thereto- as the Government may by rule direct. (2) The rules made under sub-section (1) may, among other matters, regulate,- (a)\tin the case of each kind of instrument – the description of stamps which may be used; (b)\tin the case of instruments stamped with impressed stamps – the number of stamps which may be used; (c)\tin the case of bills of exchange or promissory notes written in any Oriental language- the size of the paper on which they are written.",
"name": "Duties how to be paid.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 77,
"details": "1111A. Notwithstanding the other provisions of this Act or any other law for the time being in force, the Government may, by notification in the official Gazette, direct that where the stamp duty payable on an insurance policy exceeds the amount specified in the notification, the entire stamp duty shall be paid only by treasury challan or account-payee pay order or account-payee bank draft in the manner prescribed by such notification or by rules.",
"name": "Payment of stamp duties on insurance policy in certain cases by challan, pay order or Bank draft.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 77,
"details": "11. The following instruments may be stamped with adhesive stamps, namely:- (a)\tinstruments chargeable with the duty of ten poisha or five poisha, except parts of bills of exchange payable otherwise than on demand and drawn in sets; (b)\tbills of exchange and promissory notes drawn or made out of Bangladesh; (c)\tentry as an 12advocate on the roll of the Supreme Court: (d)\tnotarial acts; and (e)\ttransfers by endorsement of shares in any incorporated company or other body corporate.",
"name": "Use of adhesive stamps.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 77,
"details": "12.(1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and (b)\twhoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again. (2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped. (3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.",
"name": "Cancellation of adhesive stamps.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 77,
"details": "13. Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.",
"name": "Instruments stamped with impressed stamps how to be written.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 77,
"details": "14. No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.",
"name": "Only one instrument to be on same stamp.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 77,
"details": "15. Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.",
"name": "Instruments written contrary to section 13 or 14 deemed unstamped.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 77,
"details": "16. Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be donated upon such first mentioned instrument, by endorsement under the hand of the Collector or in such other manner (if any) as the Government may by rule prescribe.",
"name": "Denoting duty",
"related_acts": "",
"section_id": 18
},
{
"act_id": 77,
"details": "17. All instruments chargeable with duty and executed by any person in Bangladesh shall be stamped before or at the time of execution.",
"name": "Instruments executed in Bangladesh.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 77,
"details": "18.(1) Every instrument chargeable with duty executed only out of Bangladesh, and not being a bill of exchange, or promissory note, may be stamped within three months after it has been first received in Bangladesh. (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.",
"name": "Instruments other than bills, and notes executed out of Bangladesh.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 77,
"details": "19A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 21
},
{
"act_id": 77,
"details": "19. The first holder in Bangladesh of any bill of exchange payable otherwise than on demand or promissory note drawn or made out of Bangladesh shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in Bangladesh, affix thereto the proper stamp and cancel the same: Provided that, (a)\t\tif, at the time any such bill of exchange, or note comes into the hands of any holder thereof in Bangladesh, the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12; and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled; (b)\t\tnothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp.",
"name": "Bills and notes drawn out of Bangladesh.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 77,
"details": "20. (1) Where an instrument is chargeable with ad volorem duty in respect of any money expressed in any currency other than that of Bangladesh, such duty shall be calculated on the value of such money in the currency of Bangladesh according to the current rate of exchange on the day of the date of the instrument. (2) The Government may, from time to time, by notification in the official Gazette, prescribe a rate of exchange for the conversion of British or any foreign currency into the currency of Bangladesh for the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the purposes of sub-section (1).",
"name": "Conversion of amount expressed in foreign currencies.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 77,
"details": "21. Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument.",
"name": "Stock and marketable securities how to be valued.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 77,
"details": "22. Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duly stamped.",
"name": "Effect of statement of rate of exchange or average price.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 77,
"details": "23. Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.",
"name": "Instruments reserving interest.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 77,
"details": "1323A. (1) Where an instrument (not being a promissory note or bill of exchange)- (a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or (b) makes redeemable or qualifies duly stamped transfer, intended as a security, of any marketable security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under Article No. 5(c) of Schedule 1. (2) A release or discharge of any such instrument shall only be chargeable with the like duty.",
"name": "Certain instruments connected with mortgagees of marketable securities to be chargeable as agreements.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 77,
"details": "24. Where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or encumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty: Provided that nothing in this section shall apply to any such certificate of sale as is mentioned in Article No. 18 of Schedule 1. Explanation-In the case of a sale of property subject to a mortgagee or other encumbrance, any unpaid mortgagee-money or money charged, together with the interest (if any) due on the same, shall be deemed to be part of the consideration for the sale: Provided that, where property subject to a mortgagee is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgagee. Illustrations (1) A owes B Taka 1,000. A sells a property to B, the consideration being Taka 500 and the release of the previous debt of Taka 1,000. Stamp duty is payable on Taka 1,500. (2) A sells a property to B for Taka 500 which is subject to a mortgagee to C for Taka 1,000 and unpaid interest Taka 200. Stamp-duty is payable on Taka 1,700. (3) A mortgagees a house of the value of Taka 10,000 to B for Taka 5,000. B afterwards, buys the house from A. Stamp duty is payable on Taka 10,000 less the amount of stamp-duty already paid for the mortgagee.",
"name": "How transfer in consideration of debt, or subject to future payment, etc., to be charged.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 77,
"details": "25. Where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,- (a) \twhere the sum is payable for a definite period so that the total amount to be paid can be previously ascertained- such total amount; (b) \twhere the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance - the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and (c) \twhere the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance - the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.",
"name": "Valuation in case of annuity, etc.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 77,
"details": "26. Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient: Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty,- (a)\t\twhen the lease has been granted by or on behalf of Government, at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to Government under the lease, or, (b)\t\twhen the lease has been granted by any other person, at twenty thousand Taka a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease: Provided also that, where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.",
"name": "Stamp where value of subject-matter is indeterminate.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 77,
"details": "27. The consideration (if any) and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein.",
"name": "Facts affecting duty to be set forth in instrument.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 77,
"details": "28.(1) Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration. (2) Where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. 14(2A). Notwithstanding anything contained in sub-section (1) and (2), where any property mentioned in any of these sub-sections is conveyed to the same person in parts by separate instruments executed within twelve months, the conveyance of the last part shall be chargeable with such amount of duty as would make up the ad valorem duty with which the conveyance for the whole property would be chargeable had it been conveyed by one instrument. (3) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the sub-purchaser. (4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons, and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such sub-purchaser, without regard to the amount or value of the original consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the sub-purchasers: Provided that the duty on such last-mentioned conveyance shall in no case be less than three Taka. (5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five Taka with a duty of five Taka.",
"name": "Direction as to duty in case of certain conveyances.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 77,
"details": "29A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 33
},
{
"act_id": 77,
"details": "29. In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne, (a) \tin the case of any instrument described in any of the following articles of Schedule I, namely:- No. 2 (Administration Bond), No. 6 (Agreement relating to Deposit of Title deeds, Pawn or Pledge), No. \t13 (Bill of Exchange), No. \t15 (Bond), No. \t16 (Bottomry Bond), No. \t26 (Customs Bond), No. \t27 (Debenture), No. \t32 (Further charge), No. \t34 (Indemnity-bond), No. \t40 (Mortgagee deed), No. \t49 (Promissory-note), No. \t55 (Release), No. \t56 (Respondentia Bond), No. \t57 (Security-bond or Mortgagee-deed), No. \t58 (Settlement), No. \t62 (a) (Transfer of shares in an incorporated company or other body corporate), No. \t62(b) (Transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8), No. \t62(c) (Transfer of any interest secured by a bond, mortgagee-deed or policy of insurance),- by the person drawing, making or executing such instrument: (b)\tin the case of a policy of insurance other than fire-insurance - by the person effecting the insurance ; (bb) \tin the case of a policy of fire-insurance - by the person issuing the policy: (c)\tin the case of a conveyance (including a re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease - by the lessee or intended lessee: (d)\tin the case of a counterpart of a lease - by the lessor: (e) \tin the case of an instrument of exchange - by the parties in equal shares: (f)\tin the case of a certificate of sale - by the purchaser of the property to which such certificate relates: and (g)\tin the case of an instrument of partition - by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs.",
"name": "Duties by whom payable.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 77,
"details": "30. Any person receiving any money exceeding 15five hundred Taka in amount, or any bill of exchange, cheque or promissory note for an amount exceeding 16five hundred Taka, or receiving in satisfaction or part satisfaction of a debt any movable property exceeding 17five hundred Taka in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same. Any person receiving or taking credit for any premium or consideration for any renewal of any contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same.",
"name": "Obligation to give receipt in certain cases.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 77,
"details": "31.(1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount (not exceeding five Taka and not less than fifty poisha as the Collector may in each case direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is chargeable. (2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such an application until such abstract and evidence have been furnished accordingly: Provided that- (a)\tno evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and (b)\tevery person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relieved from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid.",
"name": "Adjudication as to proper stamp.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 77,
"details": "32.(1) When an instrument brought to the Collector under section 31 is, in his opinion, one of a description chargeable with duty, and - (a)\tthe Collector determines that it is already fully stamped, or (b)\tthe duty determined by the Collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. (2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. (3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: Provided that nothing in this section shall authorise the Collector to endorse - (a) \tany instrument 18* * * executed or first executed in Bangladesh and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be; (b)\tany instrument executed or first executed out of Bangladesh and brought to him after the expiration of three months after it has been first received in Bangladesh; (c)\tany instrument chargeable with the duty of ten poisha or five poisha or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped. 19* * *",
"name": "Certificate by Collector.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 77,
"details": "33.(1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. (2) For that purpose every such person shall examine every instruments so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in Bangladesh when such instrument was executed or first executed: Provided that,- (a)\tnothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898; (b)\tin the case of a Judge of the High Court Division the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court appoints in this behalf. (3)\tFor the purposes of this section, in cases of doubt,- (a)\tthe Government may determine what offices shall be deemed to be public offices; and (b)\tthe Government may determine who shall be deemed to be persons in charge of public offices.",
"name": "Examination and impounding of instruments.",
"related_acts": "75",
"section_id": 38
},
{
"act_id": 77,
"details": "34. Where any receipt chargeable with a duty of 20thirty poisha is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duly stamped receipt to be substituted therefor.",
"name": "Special provision as to unstamped receipts.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 77,
"details": "35. No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: Provided that,- (a)\tany such instrument not being an instrument chargeable with a duty of ten poisha or five poisha only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five Taka, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five Taka, or a sum equal to ten times such duty or portion; (b)\twhere any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one Taka by the person tendering it; (c)\t\twhere a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (d)\t\tnothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898; (e) \tnothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government, or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act.",
"name": "Instruments not duly stamped inadmissible in evidence, etc.",
"related_acts": "75",
"section_id": 40
},
{
"act_id": 77,
"details": "36. Where an instrument has been admitted in evidence, such admission shall not except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.",
"name": "Admission of instrument where not to be questioned.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 77,
"details": "37. The Government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.",
"name": "Admission of improperly stamped instruments.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 77,
"details": "38.(1) When the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall sent such amount to the Collector, or to such person as he may appoint in this behalf. (2) In every other case, the person so impounding an instrument shall send it in original to the Collector.",
"name": "Instruments impounded how dealt with.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 77,
"details": "39.(1) When a copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit, refund any portion of the penalty in excess of five Taka which has been paid in respect of such instrument. (2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid.",
"name": "Collector’s power to refund penalty paid under section 38, sub-section (1).",
"related_acts": "",
"section_id": 44
},
{
"act_id": 77,
"details": "40.(1) When the Collector impounds any instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not being an instrument chargeable with a duty of ten poisha or five poisha only or a bill of exchange or promissory note, he shall adopt the following procedure:- (a) \tif he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be: (b) \tif he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five Taka or, if he thinks fit, an amount not exceeding ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five Taka: Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section. (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. (3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector shall, when he has dealt with it as provided by this section, return it to the impounding officer.",
"name": "Collector’s power to stamp instruments impounded.",
"related_acts": "",
"section_id": 45
},
{
"act_id": 77,
"details": "41. If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of ten poisha or five poisha only or a bill of exchange or promissory note, is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next hereinafter prescribed.",
"name": "Instruments unduly stamped by accident.",
"related_acts": "",
"section_id": 46
},
{
"act_id": 77,
"details": "42.(1) When the duty and penalty (if any) leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them. (2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct: Provided that- (a) \tno instrument which has been admitted in evidence upon payment of duty, and a penalty under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate; (b) \tnothing in this section shall affect the Order XIII, rule 9 of Schedule I to the Code of Civil Procedure, 1908.",
"name": "Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.",
"related_acts": "86",
"section_id": 47
},
{
"act_id": 77,
"details": "43. The taking of proceedings or the payment of a penalty under this chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the Stamp-law in respect of such instrument: Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty.",
"name": "Prosecution for offence against Stamp-law.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 77,
"details": "44.(1) When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid. (2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified. (3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable.",
"name": "Persons paying duty or penalty may recover same in certain cases.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 77,
"details": "45.(1) Where any penalty is paid under section 35 or section 40, the Chief Revenue authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. (2) Where, in the opinion of the Chief Revenue-authority, stamp-duty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess.",
"name": "Power to Revenue-authority to refund penalty or excess duty in certain cases.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 77,
"details": "46.(1) If any instrument sent to the Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. (2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument.",
"name": "Non-liability for loss of instruments sent under section 38.",
"related_acts": "",
"section_id": 51
},
{
"act_id": 77,
"details": "47. When any bill of exchange or promissory note chargeable with the duty of five poisha is presented for payment unstamped, the person to whom it is so presented may affix thereto the necessary adhesive stamp, and, upon canceling the same in manner hereinbefore provided, may pay the sum payable upon such bill, or note, and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as foresaid, and such bill, or note shall, so far as respects the duty, be deemed good and valid: Provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill, or note.",
"name": "Power of payer to stamp bills and promissory notes received by him unstamped.",
"related_acts": "",
"section_id": 52
},
{
"act_id": 77,
"details": "48. All duties, penalties and other sums required to be paid under this chapter may be recovered by the Collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of land-revenue.",
"name": "Recovery of duties and penalties.",
"related_acts": "",
"section_id": 53
},
{
"act_id": 77,
"details": "48A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 54
},
{
"act_id": 77,
"details": "49. Subject to such rules as may be made by the Government as to the evidence to be required, or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the case hereinafter mentioned, namely: (a)\tthe stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person: (b)\tthe stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto: (c)\tin the case of bills of exchange payable otherwise than on demand or promissory notes- (1) \tthe stamp on any such bill of exchange signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance ; provided that the paper on which any such stamp is impressed does not bear any signature intended as or for the acceptance of any bill of exchange to be afterwards written thereon: (2) \tthe stamp on any promissory note signed by or in behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands: (3) \tthe stamp used or intended to be used for any such bill of exchange or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange may have been presented for acceptance or accepted or endorsed, or, being a promissory note, may have been delivered to the payee: provided that another completed and duly stamped bill of exchange, or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill, or note: (d) \tthe stamp used for an instrument executed by any party thereto which- (1) \thas been afterwards found to be absolutely void in law from the beginning: (2) \thas been afterwards found unfit by reason of any error or mistake therein, for the purpose originally intended: (3) \tby reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed: (4) \tfor want of the execution thereof by some material party, and his inability or refusal to sign the same is in fact incomplete and insufficient for the purpose for which it was intended: (5) \tby reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted, totally fails of the intended purpose: (6) \tbecomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value: (7) \tis deficient in value and the transaction intended to be thereby effected had been effected by some other instrument between the same parties and bearing a stamp of not less value: (8) \tis inadvertently and undersignedly spoiled and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped: Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled. Explanation - The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable has been paid is an impressed stamp within the meaning of this section.",
"name": "Allowance for spoiled stamps.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 77,
"details": "50. The application for relief under section 49 shall be made within the following periods, that is to say,- (1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument: (2) \tin the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled: (3) \tin the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated within six months after the execution thereof by the person by whom it was first or alone executed: Provided that,- (a)\twhen the spoiled instrument has been sufficient reasons sent out of Bangladesh, the application may be made within six months after it has been received back in Bangladesh: (b)\twhen, from unavoidable circumstances, any instrument for which another instrument has been substituted cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument.",
"name": "Application for relief under section 49 when to be made.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 77,
"details": "51. The Chief Revenue-authority or the Collector if empowered by the Chief Revenue-authority in this behalf may, without limit of time, make allowance for stamped papers used for printed forms of instruments by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said banker, company or body corporate, provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid.",
"name": "Allowance in case of printed forms no longer required by Corporations.",
"related_acts": "",
"section_id": 57
},
{
"act_id": 77,
"details": "52.(a) When any person has inadvertently used, for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or (b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused for rendered useless.",
"name": "Allowance for misused stamps.",
"related_acts": "",
"section_id": 58
},
{
"act_id": 77,
"details": "53. In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof- (a) \tother stamps of the same description and value; or, (b)\tif required, and he thinks fit, stamps of any other description to the same amount in value; or, (c)\tat his discretion, the same value in money, deducting six and one fourth per centum of that value.",
"name": "Allowance for spoiled or misused stamps how to be made.",
"related_acts": "",
"section_id": 59
},
{
"act_id": 77,
"details": "54. When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money the words deducting six and one-fourth per centum of that value upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction- (a)\tthat such stamp or stamps were purchased by such person with a bona fide intention to use them; and (b)\tthat he has paid the full price thereof; and (c)\tthat they were so purchased within the period of six months next preceding the date on which they were so delivered: Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.",
"name": "Allowance for stamps not required for use.",
"related_acts": "",
"section_id": 60
},
{
"act_id": 77,
"details": "55. When any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the Collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less: Provided that the original debenture is produced before the Collector and cancelled by him in such manner as the Government may direct. Explanation-A debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes:- (a)\tthe issue of two or more debentures in place of one original debenture, the total amount secured being the same; (b)\tthe issue of one debenture in place of two or more original debenture, the total amount secured being the same; (c)\tthe substitution of the name of the holder at the time of renewal for the name of the original holder; and (d)\tthe alteration of the rate of interest or the dates of payment thereof.",
"name": "Allowance on renewal of certain debentures.",
"related_acts": "",
"section_id": 61
},
{
"act_id": 77,
"details": "56.(1) The powers exercisable by a Collector under Chapter IV and Chapter V and under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of the Chief Revenue-authority. (2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Revenue-authority. (3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision.",
"name": "Control of, and statement of case to, Chief Revenue-authority.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 77,
"details": "57.(1) The Chief Revenue-authority may state any case referred to it under section 56, sub-section (2), or otherwise coming to its notice, and refer such case, with its own opinion 21thereon, to the High Court Division- 22* * * (2) Every such case shall be decided by not less than three Judges of the High Court Division to which it is referred, and in case of difference the opinion of the majority shall prevail.",
"name": "Statement of case by Chief Revenue-authority to High Court Division, etc.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 77,
"details": "58. If the High Court Division is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.",
"name": "Power of High Court Division, etc., to call for further particulars as to case stated.",
"related_acts": "",
"section_id": 64
},
{
"act_id": 77,
"details": "59.(1) The High Court Division upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded. (2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall, on receiving such copy, dispose of the case conformably to such judgment.",
"name": "Procedure in disposing of case stated.",
"related_acts": "",
"section_id": 65
},
{
"act_id": 77,
"details": "60.(1) If any Court, other than a Court mentioned in section 57, feels doubts as to the amount of duty to be paid in respect of any instrument under proviso (a) to section 35, the judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court Division to which, if he were the Chief Revenue-authority, he would, under section 57, refer the same. (2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the Court and the signature of the Registrar to the Chief Revenue-authority, and another like copy to the judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment. (3) References made under sub-section (I), when made by a Court subordinate to a District Court, shall be made through the District Court, and, when made by any sub ordinate Revenue Court, shall be made through the Court immediately superior.",
"name": "Statement of case by other Courts to High Court Division, etc.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 77,
"details": "61. (1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the Court to which appeals lie from, or references are made by, such first-mentioned Court may, of its own motion or on the application of the Court, take such order into consideration. (2) If such court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. (3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument. (4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the Stamp-law which the Collector considers him to have committed in respect of such instrument: Provided that- (a) \tno such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty; (b)\texcept for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42.",
"name": "Revision of certain decisions of Courts regarding sufficiency of stamps.",
"related_acts": "75",
"section_id": 67
},
{
"act_id": 77,
"details": "62.(1) Any person- (a) \tdrawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance of payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange payable otherwise than on demand or promissory note without the same being duly stamped; or (b)\texecuting or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or (c) \tvoting or attempting to vote under any proxy not duly stamped; shall for every such offence be punishable with fine which may extend to five hundred Taka: Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for executing, etc., instrument not duly stamped.",
"related_acts": "",
"section_id": 68
},
{
"act_id": 77,
"details": "63. Any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for failure to cancel adhesive stamp.",
"related_acts": "",
"section_id": 69
},
{
"act_id": 77,
"details": "64. Any person who, with intent to defraud the Government,- (a)\texecutes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth; or, (b)\tbeing employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances; or (c)\tdoes any other act calculated to deprive the Government of any duty or penalty under this Act; shall be punishable with fine which may extend to 23fifty thousand taka and shall also be liable to pay the amount of the money by which the Government has been defrauded due to his act or omission under clause (a), (b) or (c).",
"name": "Penalty for omission to comply with provisions of section 27.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 77,
"details": "65. Any person who,- (a)\tbeing required under section 30 to give a receipt, refuses or neglects to give the same; or, (b)\twith intent to defraud the Government of any duty, upon a payment of money or delivery of property exceeding twenty Taka in amount or value, gives a receipt for an amount or value not exceeding twenty Taka, or separates or divides the money or property paid or delivered; shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for refusal to give receipt, and for devices to evade duty on receipts.",
"related_acts": "",
"section_id": 71
},
{
"act_id": 77,
"details": "66. Any person who,- (a) \treceives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance; or (b) \tmakes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy; shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for not making out policy, or making one not duly stamped.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 77,
"details": "67. Any person drawing or executing a bill of exchange payable otherwise than on demand or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand Taka.",
"name": "Penalty for not drawing full number of bills or marine policies purporting to be in sets.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 77,
"details": "68. Any person who,- (a)\twith intent to defraud the Government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or (b)\tknowing that such bill or note has been so postdated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiates the same; or (c)\twith the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be punishable with fine which may extend to one thousand Taka.",
"name": "Penalty for post-dating bills, and for other devices to defraud the revenue.",
"related_acts": "",
"section_id": 74
},
{
"act_id": 77,
"details": "69.(a) Any person appointed to sell stamps who disobeys any rule made under section 74; and (b) any person not so appointed who sells or offers for sale any stamp (other than ten poisha or five poisha adhesive stamp); shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred Taka or with both.",
"name": "Penalty for breach of rule relating to sale of stamps and for unauthorized sale.",
"related_acts": "",
"section_id": 75
},
{
"act_id": 77,
"details": "70.(1) No prosecution in respect of any offence punishable under this Act 24* * * shall be instituted without the sanction of the Collector or such other officer as the Government generally, or the Collector specially, authorises in that behalf. (2) The Chief Revenue-authority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence. (3) The amount of any such composition shall be recoverable in the manner provided by section 48.",
"name": "Institution and conduct of prosecutions.",
"related_acts": "",
"section_id": 76
},
{
"act_id": 77,
"details": "71. No Magistrate other than a Magistrate whose powers are not less than those of a Magistrate of the second class, shall try any offence under this Act.",
"name": "Jurisdiction of Magistrates.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 77,
"details": "72. Every such offence committed in respect of any instrument may be tried in any district in which such instrument is found as well as in any district in which such offence might be tried under the Code of Criminal Procedure, 1898.",
"name": "Place of trial.",
"related_acts": "75",
"section_id": 78
},
{
"act_id": 77,
"details": "73. Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge.",
"name": "Books, etc., to be open to inspection.",
"related_acts": "",
"section_id": 79
},
{
"act_id": 77,
"details": "74. The Government may make rules for regulating- (a) \tthe supply and sale of stamps and stamped papers, (b)\tthe persons by whom alone such sale is to be conducted, and (c)\tthe duties and remuneration of such persons: Provided that such shall not restrict the sale of ten poisha or five poisah adhesive stamps.",
"name": "Powers to make rules relating to sale of stamps.",
"related_acts": "",
"section_id": 80
},
{
"act_id": 77,
"details": "75. The Government may make rules to carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no case exceed five hundred Taka, to be incurred on breach thereof.",
"name": "Power to make rules generally to carry out Act.",
"related_acts": "",
"section_id": 81
},
{
"act_id": 77,
"details": "76.(1) All rules made under this Act shall be published in the official Gazette. (2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act.",
"name": "Publication of rules.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 77,
"details": "2576A. The 26Government may by notification in the official Gazette, delegate,- (a)\tall or any of the powers conferred on it by sections 2(9), 33(3)(b), 70(1), 74 and 78 to the Chief Revenue-authority; and (b)\tall or any of the powers conferred on the Chief Revenue-authority by sections 45(1)(2), 56(1) and 70 (2) to such subordinate Revenue-authority as may be specified in the notification.",
"name": "Delegation of certain powers.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 77,
"details": "77. Except for the provisions as to copies contained in section 6A nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees.",
"name": "Saving as to court-fees.",
"related_acts": "",
"section_id": 84
},
{
"act_id": 77,
"details": "78. 27The Government shall make provision for the sale of translations of this Act in 28Bengali as such price as it may, by notification in the official Gazette, fix per copy.",
"name": "Act to be translated and sold cheaply.",
"related_acts": "",
"section_id": 85
},
{
"act_id": 77,
"details": "79. Repealed by the Repealing and Amending Act, 1914 (Act X of 1914).",
"name": "Repealed.",
"related_acts": "",
"section_id": 86
}
],
"text": "♠An Act to consolidate and amend the law relating to stamps. WHEREAS it is expedient to consolidate and amend the law relating to stamps; It is hereby enacted as follows:-"
} |
{
"id": 78,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh” and \"Government\" were substituted, for the words “Pakistan” and “Provincial Government” or “Government concerned” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Government Buildings Act, 1899",
"num_of_sections": 4,
"published_date": "3rd February, 1899",
"related_act": [
430,
78
],
"repelled": false,
"sections": [
{
"act_id": 78,
"details": "1.(1) This Act may be called the Government Buildings Act, 1899. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "78",
"section_id": 1
},
{
"act_id": 78,
"details": "2. In this Act the expression “municipal authority” includes a municipal corporation or a body of municipal commissioners constituted by, or under the provisions of, any law or enactment for the time being in force.",
"name": "“Municipal authority” defined",
"related_acts": "",
"section_id": 2
},
{
"act_id": 78,
"details": "3. Nothing contained in any law or enactment for the time being in force to regulate the erection, re-erection, construction, alteration or maintenance of buildings within the limits of any municipality shall apply to any building used or required for the public service or for any public purpose, which is the property, or in the occupation, of the Government, or which is to be erected on land which is the property, or in the occupation, of the Government: Provided that, where the erection, re-erection, construction or material structural alternation of any such building as aforesaid (not being a building connected with defence, or a building the plan or construction of which ought, in the opinion of Government, to be treated as, confidential or secret) is contemplated, reasonable notice of the proposed work shall be given to the municipal authority before it is commenced.",
"name": "Exemption of certain Government buildings from municipal laws to regulate the erection, etc., of buildings within municipalities",
"related_acts": "",
"section_id": 3
},
{
"act_id": 78,
"details": "4.(1) In the case of any such building as is mentioned in the last preceding section (not being a building connected with defence or a building the plan or construction of which ought, in the opinion of the Government, to be treated as confidential or secret), the municipal authority, or any person authorized by it in this behalf, may, with the permission of the Government previously obtained, but not otherwise, and subject to any restrictions or conditions which may, by general or special order, be imposed by the Government, inspect the land and building and all plans connected with its erection, re-erection, construction or material structural alteration, as the case may be, and may submit to the Government a statement in writing of any objections or suggestions which such municipal authority may deem fit to make with reference to such erection, re-erection, construction or material structural alternation. (2) Every objection or suggestion submitted as aforesaid shall be considered by the Government, which shall, after such investigation (if any) as it shall think advisable, pass orders thereon, and the building referred to therein shall be erected, re-erected, constructed or altered, as the case may be, in accordance with such orders: Provided that, if the Government over-rules or disregards any such objection or suggestion as aforesaid, it shall give its reasons for so doing in writing.",
"name": "Objections or suggestions as to erection, etc., of certain Government buildings within municipalities how to be made and dealt with.",
"related_acts": "",
"section_id": 4
}
],
"text": "1♣An Act to provide for the exemption from the operation of municipal building laws of certain buildings and lands which are the property, or in the occupation, of the Government and situate within the limits of a municipality. WHEREAS it is expedient to provide for the exemption from the operation of municipal building laws of certain buildings and lands which are the property, or in the occupation, of the Government and situate within the limits of a municipality; It is hereby enacted as follows:-"
} |
{
"id": 79,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Church of Scotland Kirk Sessions Act, 1899",
"num_of_sections": 3,
"published_date": "27th September, 1899",
"related_act": [
430,
79
],
"repelled": false,
"sections": [
{
"act_id": 79,
"details": "1.(1) \tThis Act may be called the Church of Scotland Kirk Sessions Act, 1899; (2) \tIt extends to the whole of 2Bangladesh.",
"name": "Short title and extent",
"related_acts": "79",
"section_id": 1
},
{
"act_id": 79,
"details": "2.(1) Every Kirk Session which has been, or may hereafter be, duly constituted to be a Church Court for ecclesiastical purposes in pursuance of an Act of the General Assembly of the Church of Scotland, is hereby declared to be, and the same shall be, a body corporate having perpetual succession and a common seal. (2) A notification by the 3Government in the official Gazette that a Kirk Session has been duly constituted in pursuance of an Act of the General Assembly of the Church of Scotland shall be conclusive proof that it has been so constituted.",
"name": "Scotch Kirk Sessions to be bodies corporate",
"related_acts": "",
"section_id": 2
},
{
"act_id": 79,
"details": "3.(1) \tEvery Kirk Session constituted as aforesaid shall, as a body corporate, have power to acquire and hold any property which has been, or may hereafter be, vested in it for the purposes of the Congregation for which it has been, or may hereafter be, constituted, or of any trust which may have been, or may hereafter be, accepted by it, to transfer the same, to contract and to do all other things necessary for, or incidental to, the purposes of its constitution or of any such trust as aforesaid. (2) \tThe signature of the Moderator and Treasurer or Session-clerk for the time being of a Kirk Session constituted as aforesaid shall, if affixed on behalf and by order of the Kirk Session, be sufficient for all purposes for which the signature of the Kirk Session is required.",
"name": "Power to hold and dispose of property",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to provide for the Incorporation of Kirk Sessions of the Church of Scotland in 1Bangladesh. WHEREAS there are in Bangladesh Kirk Sessions of the Church of Scotland which have been duly constituted to be Church Courts for ecclesiastical purposes in pursuance of Acts of the General Assembly of the Church of Scotland; AND WHEREAS it is expedient that such Kirk Sessions and any others which may hereafter be so constituted, should be incorporated with the powers hereinafter provided; It is hereby enacted as follows:-"
} |
{
"id": 80,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Government\" and \"High Court Division\" were substituted, for the words \"Pakistan\" or \"the provinces\" or \"the province\", \"Provincial Government\" or \"Central Government\" and \"a High Court\" or \"High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “a coroner and” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The commas and the words “, whether or without the Provinces,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, commas and figure \"or of any Court or tribunal which was before the twenty-sixth day of March, 1971, acting under the general or special authority of any Government that functioned within the territories now comprised in Bangladesh\" were substituted, for the words and commas “or of any Provincial Government, or of the Government of Burma or of any Court or tribunal which was before the twenty-third day of March, 1956, acting under the general or special authority of Her Majesty, or of the Crown Representative” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Clauses (b), (c) and the proviso were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"7 The words “in each Province” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words “any Acceding State or the Ruler thereof or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The commas and words “, or, with the consent of the Provincial Government concerned, to any prison in the other Province or, with the consent of the Central Government to any prison maintained by it or under its authority in any part of Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Sub-section (3) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words, commas and figure \"the Lunacy Act, 1912,\" were substituted, for the words, figures and commas “section 9 of the Lunatic Asylums Act, 1858,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 Sub-section (4) of section 30 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The words, commas and figure \"Code of Civil Procedure, 1908,\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The words, commas and figure \"Code of Civil Procedure, 1908,\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words, comma and figure \"Code of Civil Procedure, 1908\" were substituted, for the words \"Code of Civil Procedure\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Prisoners Act, 1900",
"num_of_sections": 37,
"published_date": "2nd February, 1900",
"related_act": [
96,
66,
67,
68,
69,
70,
71,
72,
75,
430,
80,
337,
338,
86
],
"repelled": false,
"sections": [
{
"act_id": 80,
"details": "1.(1) This Act may be called the Prisoners Act, 1900. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent.",
"related_acts": "80",
"section_id": 1
},
{
"act_id": 80,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Court” includes 2* * * any officer lawfully exercising civil, criminal or revenue jurisdiction; and (b) \t“prison” includes any place which has been declared by the Government, by general or special order, to be a subsidiary jail.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 80,
"details": "3. The officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this Act or otherwise, by any Court, according to the exigency of any writ,warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.",
"name": "Officers in charge of prisons to detain persons duly committed to their custody.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 80,
"details": "4. The officer in charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the Court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.",
"name": "Officers in charge of prisons to return writs, etc., after execution or discharge.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 80,
"details": "Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 5
},
{
"act_id": 80,
"details": "14. \tIn this Part all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein.",
"name": "References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 80,
"details": "15.(1) Officers in charge of prisons may give effect to any sentence or order or warrant for the detention of any person passed or issued (a)\tby any Court or tribunal acting 3* * * under the general or special authority of the Government, 4or of any court or tribunal which was before the twenty-sixth day of March, 1971, acting under the general or special authority of any Government that functioned within the territories now comprised in Bangladesh. 5* * * 6* * *",
"name": "Power for officers in charge of prisons to give effect to sentences of certain courts.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 80,
"details": "16. \tA warrant under the official signature of an officer of such Court or tribunal as is referred to in section 15 shall be sufficient authority for holding any person in confinement, or for sending any person for transportation, in pursuance of the sentence passed upon him.",
"name": "Warrant of officer of such Court to be sufficient authority",
"related_acts": "",
"section_id": 8
},
{
"act_id": 80,
"details": "17.(1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this Part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner. (2) \tPending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.",
"name": "Procedure where officer in charge of prison doubts the legality of warrant sent to him for execution under this Part.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 80,
"details": "18.(1) Where a court established by the authority of the Government exercising, in or with respect to territory beyond the limits of Bangladesh jurisdiction which the Government has in such territory, (a) \thas sentenced any person to death, and, (b) \tbeing of opinion that such sentence should, by reason of there being in such territory no secure place for the confinement of such person or no suitable appliances for his execution in a decent and humane manner, be executed in Bangladesh has issued its warrant for the execution of such sentence to the officer in charge of a prison in Bangladesh, such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as may be prescribed therein in the same manner and subject to the same conditions in all respects as if it were a warrant duly issued under the provisions of section 381 of the Code of Criminal Procedure, 1898. (2) The prisons of which the officers in charge are to execute sentences under any such warrants as aforesaid shall 7* * * be such as the Government may, by general or special order, direct. (3) A Court shall be deemed, for the purposes of this section, to be a court established by the Government if the presiding Judge, or if the Court consist of two or more Judges, at least one of the Judges, is an officer of the Government authorized to act as such Judge by 8* * * the Government: Provided that every warrant issued under this sub-section by any such tribunal shall, if the tribunal consists of more than one Judge, be signed by a Judge who is an officer of the Government authorize as aforesaid.",
"name": "Execution in Bangladesh, etc., of certain capital sentences not ordinarily executable there.",
"related_acts": "75",
"section_id": 10
},
{
"act_id": 80,
"details": "Omitted by the Criminal Law (Extinction of Discriminatory Privileges Act, 1949 (Act No. II of 1950).",
"name": "Omitted",
"related_acts": "",
"section_id": 11
},
{
"act_id": 80,
"details": "28. In this Part, all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein.",
"name": "References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 80,
"details": "29.(1) The Government may, by general or special order, provide for the removal of any prisoner confined in a prison (a)\tunder sentence of death, or (b)\tunder, or in lieu of, a sentence of imprisonment or transportation, or (c)\tin default of payment of a fine, or (d)\tin default of giving security for keeping the peace or for maintaining good behaviour, to any other prison in Bangladesh 9* * *. (2) Subject to the orders, and under the control, of the Government the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in Bangladesh to any other prison in Bangladesh. 10* * *.",
"name": "Removal of prisoners.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 80,
"details": "30.(1) Where it appears to the Government that any person detained or imprisoned under any order or sentence of any Court is of unsound mind, the Government may, by a warrant setting\tforth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within Bangladesh there to be kept and treated as the Government directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law. (2) Where it appears to the Government that the prisoner has become of sound mind, the Government shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within Bangladesh, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged. (3) The provisions of 11the Lunacy Act, 1912, shall apply to every person confined in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned; and the time during which a prisoner is confined in a lunatic asylum under that sub-section shall be reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo. 12* * *.",
"name": "Lunatic prisoners how to be dealt with.",
"related_acts": "96",
"section_id": 14
},
{
"act_id": 80,
"details": "31. Repealed by the Amending Act, 1903 (Act No. I of 1903).",
"name": "Repealed",
"related_acts": "",
"section_id": 15
},
{
"act_id": 80,
"details": "32.(1) The Government may appoint places within Bangladesh to which persons under sentence of transportation shall be sent; and the Government, or some officer duly authorized in this behalf by the Government, shall give orders for the removal of such persons to the places so appointed, except when sentence of transportation is passed on a person already undergoing transportation under a sentence previously passed for another offence. (2) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Appointment of places for confinement of persons under sentence of transportation and removal thereto.",
"related_acts": "430",
"section_id": 16
},
{
"act_id": 80,
"details": "33. The High Court Division may, in any case in which it has recommended to the President the granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance.",
"name": "Release, on recognizance, by order of High Court Division of prisoner recommended for pardon.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 80,
"details": "34. In this Part, all references to prisons or to imprisonment or confinement shall be construed as referring also to Reformatory Schools or to detention therein.",
"name": "References in this Part to prisons, etc., to be construed as referring also to Reformatory Schools.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 80,
"details": "35. Subject to the provisions of section 39, any Civil Court may, if it thinks that the evidence of any person confined in any prison within the local limits of its appellate jurisdiction, if it is High Court Division, or, if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, is material in any matter pending before it, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison.",
"name": "Power for Civil Courts to require appearance of prisoner to give evidence.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 80,
"details": "36.(1) Where an order under section 35 is made in any civil matter pending,- (a)\tin a Court subordinate to the District Judge, or (b)\tin a Court of Small Causes, it shall not be forwarded to the officer to whom it is directed, or acted upon by him, until it has been submitted to, and countersigned by,- (i)\tthe District Judge to which the Court is subordinate, or (ii)\tthe District Judge within the local limits of whose jurisdiction the Court of Small Causes is situate. (2) Every order submitted to the District Judge under sub-section (1) shall be accompanied by a statement, under the hand of the Judge of the subordinate Court or Court of Small Causes, as the case may be, of the facts which in his opinion render the order necessary, and the District Judge may, after considering such statement, decline to countersign the order.",
"name": "District Judge in certain cases to countersign orders made under section 35.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 80,
"details": "37. Subject to the provisions of section 39, any Criminal Court may, if it thinks that the evidence of any person confined in any prison within the local limits of its appellate jurisdiction, if it is High Court Division, or, if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, is material in any matter pending before it, or if a charge of an offence against such person is made or pending, make an order in the form set forth in the first or second schedule, as the case may be, directed to the officer in charge of the prison: Provided that if such Criminal Court is inferior to the Court of a Magistrate of the first class, the order shall be submitted to, and countersigned by, the District Magistrate to whose Court such Criminal Court is subordinate or within the local limits of whose jurisdiction such Criminal Court is situated.",
"name": "Power for certain Criminal Courts to require attendance of prisoner to give evidence or answer to charge.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 80,
"details": "38. Where any person, for whose attendance an order as in this Part provided is made, is confined in any district other than that in which the Court making or countersigning the order is situate, the order shall be sent by the Court by which it is made or countersigned to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person is confined, and that Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.",
"name": "Order to be transmitted through Magistrate of the district or sub-division in which person is confined.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 80,
"details": "39.(1) Where a person is confined in a prison more than one hundred miles distant from the place where any Court, subordinate to High Court Division, in which his evidence is required, is held, the Judge or presiding officer of the Court in which the evidence is so required shall, if he thinks that such person should be removed under this Part for the purpose of giving evidence in such Court, and if the prison is within the local limits of the appellate jurisdiction of the High Court Division to which such Court is subordinate, apply in writing to the High Court Division, and the High Court Division may, if it thinks fit, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison. (2) The High Court Division making an order under sub-section (1) shall send it to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the person named therein is confined, and such Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.",
"name": "Procedure where removal is desired of person confined more than one hundred miles from place where evidence is required.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 80,
"details": "40. Where a person is confined in a prison beyond the local limits of the appellate jurisdiction of High Court Division, any Judge of such Court may, if he thinks that such person should be removed under this Part for the purpose of answering a charge of an offence or of giving evidence in any criminal matter in such Court or in any Court subordinate thereto, apply in writing to the Government of the territories within which the prison is situate, and the Government may, if it thinks fit, direct that the person be so removed, subject to such rules regulating the escort of prisoners as the Government may prescribe.",
"name": "Persons confined beyond limits of appellate jurisdiction of High Court Division.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 80,
"details": "41. Upon delivery of any order under this Part to the officer in charge of the prison in which the person named therein in confined, that officer shall cause him to be taken to the Court in which his attendance is required, so as to be present in the Court at the time in such order mentioned, and shall cause him to be detained in custody in or near the Court until he has been examined or until the Judge or presiding officer of the Court authorizes him to be taken back to the prison in which he was confined.",
"name": "Prisoner to be brought up.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 80,
"details": "42. The Government may by notification in the Official Gazette, direct that any person or any class of persons shall not be removed from the prison in which he or they may be confined; and thereupon, and so long as such notification remains in force, the provisions of this Part, other than those contained in sections 44 to 46, shall not apply to such person or class of persons.",
"name": "Power to Government to exempt certain prisoners from operation of this Part.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 80,
"details": "43. In any of the following cases, that is to say,- (a)\twhere the person named in any order made under section 35, section 37 or section 39 appears to be, from sickness or other infirmity, unfit to be removed, the officer in charge of the prison in which he is confined, shall apply to the District or Sub-divisional Magistrate within the local limits of whose jurisdiction the prison is situate, and if such Magistrate, by writing under his hand, declares himself to be of opinion that the person named in the order is, from sickness or other infirmity, unfit to be removed; or (b)\twhere the person named in any such order is under committal for trial; or (c)\twhere the person named in any such order is under a remand pending trial or pending a preliminary investigation; or (d)\twhere the person named in any such order is in custody for a period which would expire before the expiration of the time required for removing him under this Part and for taking him back to the prison in which he is confined; the officer in charge of the prison shall abstain from carrying out the order, and shall send to the Court from which the order has been issued a statement of the reason for so abstaining: Provided that such officer as aforesaid shall not so abstain where,- (i)\t\tthe order has been made under section 37; and (ii)\tthe person named in the order is confined under committal for trial, or under a remand pending trial or pending a preliminary investigation, and does not appear to be, from sickness or other infirmity unfit to be removed; and (iii)\tthe place, where the evidence of the person named in the order is required, is not more than five miles distant from the prison in which he is confined.",
"name": "Officer in charge of prison when to abstain from carrying out order.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 80,
"details": "44. In any of the following cases, that is to say,- (a)\t\twhere it appears to any Civil Court that the evidence of a person confined in any prison within the local limits of the appellate jurisdiction of such Court, if it is High Court Division, or if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, who, for any of the causes mentioned in section 42 or section 43, cannot be removed, is material in any matter pending before it; or (b)\t\twhere it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distant from the place at which such Court is held, is material in any such matter; or (c)\t\twhere the District Judge declines, under section 36, \tto countersign an order for removal; the Court may, if it thinks fit, issue a commission, under the provisions of the 13Code of Civil Procedure, 1908, for the examination of the person in the prison in which he is confined.",
"name": "Commissions for examination of prisoners.",
"related_acts": "86",
"section_id": 28
},
{
"act_id": 80,
"details": "45. Where it appears to High Court Division that the evidence of a person confined in a prison beyond the local limits of its appellate jurisdiction is material in any civil matter pending before it or before any Court subordinate to it, the High Court Division may, if it thinks fit, issue a commission, under the provisions of the 14Code of Civil Procedure, 1908, for the examination of the person in the prison in which he is confined.",
"name": "Commissions for examination of prisoners beyond limits of appellate jurisdiction of High Court Division.",
"related_acts": "86",
"section_id": 29
},
{
"act_id": 80,
"details": "46. Every commission for the examination of a person issued under section 44 or section 45 shall be directed to the District Judge within the local limits of whose jurisdiction the prison in which the person is confined is situate, and the District Judge shall commit the execution of the commission to the officer in charge of the prison, or to such other person as he may think fit.",
"name": "Commission how to be directed.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 80,
"details": "47. When any process directed to any person confined in any prison is issued from any Criminal or Revenue Court, it may be served by exhibiting to the officer in charge of the prison the original of the process and depositing with him a copy thereof.",
"name": "Process how served on prisoners.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 80,
"details": "48.(1) Every officer in charge of a prison upon whom service is made under section 47 shall, as soon as may be, cause the copy of the process deposited with him to be shown and explained to the person to whom it is directed, and shall thereupon endorse upon the process and sign a certificate to the effect that such person as aforesaid is confined in the prison under his charge and bas been shown and had explained to him a copy of the process. (2) Such certificate as aforesaid shall be prima facie evidence of the service of the process, and, if the person to whom the process is directed requests that the copy shown and explained to him be sent to any other person and provides the cost of sending it by post, the officer in charge of the prison shall cause it to be so sent.",
"name": "Process served to be transmitted at prisoner’s request.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 80,
"details": "49. Omitted by Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 33
},
{
"act_id": 80,
"details": "50. No order in any civil matter shall be made by a Court under any of the provisions of this Part until the amount of the costs and charges of the execution of such order (to be determined by the Court) is deposited in such Court: Provided that, if upon any application for such order it appears to the Court to which the application is made, that the applicant has not sufficient means to meet the said costs and charges, the Court may pay the same out of any fund applicable to the contingent expenses of such Court, and every sum so expended may be recovered by the Government from any person ordered by the Court to pay the same, as if it were costs in a suit recoverable under the 15Code of Civil Procedure, 1908.",
"name": "Deposit of costs.",
"related_acts": "86",
"section_id": 34
},
{
"act_id": 80,
"details": "51.(1) The Government may make rules- (a)\tfor regulating the escort of prisoners to and from Courts in which their attendance is required and for their custody during the period of such attendance; (b)\tfor regulating the amount to be allowed for the costs and charges of such escort; and (c)\tfor the guidance of officers in all other matters connected with the enforcement of this Part. (2) All rules made under sub-section (1) shall be published in the Official Gazette, and shall, from the date of such publication, have the same force as if enacted by this Act.",
"name": "Power to make rules under this Part",
"related_acts": "",
"section_id": 35
},
{
"act_id": 80,
"details": "52. The Government may declare what officer shall, for the purposes of this Part, be deemed to be the officer in charge of a prison.",
"name": "Power to declare who shall be deemed officer in charge of prison.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 80,
"details": "53. Repealed by the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 37
}
],
"text": "1♣An Act to consolidate the law relating to Prisoners confined by order of a Court. WHEREAS it is expedient to consolidate the law relating to prisoners confined by order of a Court; It is hereby enacted as follows:-"
} |
{
"id": 81,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word “Bangladesh” and \"Government\" were substituted, for the words \"Pakistan\" and \"Central Government\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words \"or Corps\" were substituted, for the comma and words “, corps or Guard” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"or Corps\" were substituted, for the comma and words “, corps or Guard” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The brackets and words “(other than the Pakistan Territorial Force or the Pakistan National Guard)” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, brackets, comma and figure \"Army and Air Force (Reserves) Act, 1950\" were substituted, for the words, brackets, comma and figure “Pakistan (Army and Air Force) Reserves Act, 1950” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 Clause (i) was substituted, for the former clause (i) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Sub-clause (iii) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Sub-clause (ii) of section 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Sub-clause (iv) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word and comma “Guard,” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Tolls (Army and Air-Force)Act, 1901",
"num_of_sections": 8,
"published_date": "22nd February, 1901",
"related_act": [
65,
430
],
"repelled": false,
"sections": [
{
"act_id": 81,
"details": "1.(1) This Act may be called the Tolls (Army and Air Force) Act, 1901. (2) It extends to the whole of Bangladesh. (3) It shall come into force on the first day of April, 1901.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 81,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t\tthe expression “authorized followers” means persons other than officers, soldiers or airmen, who are employed by, or are in the service of, the Forces, 2or Corps concerned, or are in the service of any officer, soldier or airman of such Forces, 3or Corps; (b)\t\t“carriage” means a vehicle for carriage or haulage other than one specially constructed for use on rails; (c)\t“ferry” includes every bridge and other thing which is a ferry within the meaning of any enactment authorizing the levy of tolls on ferries, but does not include any ferry or other thing which is included in the definition of “railway” in section 3 of the Railways Act, 1890; (d)\t\tthe expressions “the Bangladesh Army” and “The Bangladesh Air Force” include the Reserves, respectively, of the Bangladesh Army and the Bangladesh Air Force, when subject to military or air force law, as the case may be; (e)\t\t“horse” includes a mule and any beast of whatever description which is used for burden or draught or for carrying persons; (f)\t\tthe expression “Irregular Corps” means any force 4* * * raised and maintained in Bangladesh under the authority of the Government or any other force which may be specified in this behalf by a notification published in the official Gazette; (g)\t\tthe expression “Bangladesh Reserve Forces” means the forces constituted under the 5Army and Air Force (Reserves) Act, 1950; (h)\t\t“landing-place” includes a pier, wharf, quay, jetty and a stage, whether fixed or floating; 6(i)\t “public authority” means the Government, or a local authority; (j)\t“tolls” includes duties, dues, rates, rents, fees and charges, but does not include customs duties levied under the Tariff Act, 1934, octroi duties or town duties on the import of goods, or fares paid for the conveyance of passengers on a tramway.",
"name": "Definitions",
"related_acts": "65",
"section_id": 2
},
{
"act_id": 81,
"details": "3. The following persons and property, namely:- (a) all officers, soldiers and airmen of- (i)\tthe Bangladesh Army and the Bangladesh Air Force, (ii)\tany Irregular Corps, or 7* * * 8* * * (c)\tall officers, soldiers and airmen of the Bangladesh Reserve Forces when proceeding from their place of residence on being called out for service, training, or muster or when proceeding back to their place of residence after such service, training or muster; (d)\tall authorized followers of- (i) \tthe Bangladesh Army or the Bangladesh Air Force; 9* * * (iii) \tany Irregular Corps; or 10* * * (e)\tall members of the families of officers, soldiers, airmen or authorized followers of- (i) the Bangladesh Army or the Bangladesh Air Force, or (ii) any Irregular Corps, when accompanying anybody of troops, or any office, soldier, airman or authorized follower thereof on duty or on the march, (f)\tall prisoners under military or air force escort, (g)\tthe carriages, horses, and baggage, and the persons (if any) employed in driving the carriages or in carrying the baggage, of any persons exempted under any of the foregoing clauses, when such carriages, horses, baggage, or persons accompany the persons so exempted under the circumstances mentioned in those clauses respectively, (h)\tall carriages and horses belonging to the Government or employed in military or air-force service and all persons in charge of or accompanying the same, when conveying any such persons as hereinbefore in this section mentioned, or when conveying baggage or stores, or when returning unladen from conveying such persons, baggage or stores, (i)\tall carriages and horses, when moving under the orders of military or air-force authority for the purpose of being employed in military or air-force service, (j)\tall animals accompanying any body of troops which are intended to be slaughtered for food or kept for any purpose connected with the provisioning of such troops, and (k)\tall persons in charge of any carriage, horse or animal exempted under any of the foregoing clauses when accompanying the same under the circumstances mentioned in those clauses respectively, Shall be exempted from payment of any tolls- (i)\t\ton embarking or disembarking, or on being shipped or landed, from or upon any landing place, or (ii)\tin passing along or over any turnpike or other road or bridge, or (iii)\ton being carried by means of any ferry, otherwise demandable by virtue of any Act, Ordinance, Regulation, order or direction of any legislature or other public authority in Bangladesh: Provided that nothing in this section shall exempt any boats, barges or other vessels employed in conveying the said persons or property along any canal from payment of tolls in like manner as other boats, barges and vessels. Explanation.-The persons or property exempted under clauses (d), (e), (g) and (j) shall be deemed to accompany the Forces, Corps, 11* * * persons or property concerned when the move of the former is the direct result of, or is connected with, the move of the latter, irrespective of the interval of space and time between the two moves.",
"name": "Exemptions from tolls",
"related_acts": "",
"section_id": 3
},
{
"act_id": 81,
"details": "4.(1) No tolls shall be leviable by any local authority in respect of- (a)\tany vessel employed by the Government solely for the transport of troops, or (b)\tthe horses, baggage or other effects of any troops embarking or disembarking at any port, or (c)\tcarriages belonging to the Government or employed in military or air-force service embarking or disembarking at any port. (2) In respect of all such vessels or troops, their families, their horses, baggage and their effects, or any such carriages as aforesaid, the local authority concerned shall, in addition to its duties in the embarking and disembarking of the same, perform and supply all such reasonable services and accommodation as may, from time to time, be required by the Government, and shall receive payment for all such services and accommodation on such terms and for such periods as may, from time to time, be determined by the Government in consultation with such local authority.",
"name": "Tolls on vessels transporting troops and baggage, etc., of troops embarked or disembarked",
"related_acts": "",
"section_id": 4
},
{
"act_id": 81,
"details": "5. Any person who demands and receives any tool in contravention of the provisions of section 3 or section 4 shall be punishable with fine which may extend to fifty 12Taka.",
"name": "Penalty",
"related_acts": "",
"section_id": 5
},
{
"act_id": 81,
"details": "6.(1) If any owner or lessee, or any Company, railway administration or local authority claims compensation for any loss alleged to have been incurred owing to the operation of this Act, the claim shall be submitted to the Government. (2) On receiving any such claim, the Government shall pass such order thereon as justice requires, and shall give all necessary directions for the purpose of ascertaining the facts of the case and of assessing the compensation, if any, to be paid.",
"name": "Compensation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 81,
"details": "7.(1) The Government may make rules to carry out the purposes and objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules providing for the form of passes to be given to persons or bodies of persons or in respect of property entitled to exemption from the payment of tolls under this Act. (3) The power to make rules under this section is subject to the condition of the rules being made after previous publication. (4) All rules made under this section shall be published in the official Gazette and, on such publication, shall have effect as if enacted by this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 7
},
{
"act_id": 81,
"details": "8. Repealed by the Repealing and Amending Act, 1914 (Act No. X of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 8
}
],
"text": "1♣An Act to amend the law relating to the exemption from tolls of persons and property belonging to the Army or Air Force. WHEREAS it is necessary to provide for the exemption from the payment of certain duties or tolls of certain officers, soldiers, airmen and other persons, and certain animals, baggage and carriages belonging or attached to the Bangladesh Army, or the Bangladesh Air Force; It is hereby enacted as follows:-"
} |
{
"id": 82,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Government\" and \"Taka\" were substituted, for the words \"Pakistan\", \"Central Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, commas and figure \"Code of Civil Procedure, 1908,\" were substituted for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 7A was inserted by section 4 of the Works of Defence (Amendment) Ordinance, 1961 (Ordinance No. XXXIV of 1961).",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, comma and figure \"Code of Civil Procedure, 1908\" were substituted, for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bangladesh\" was substituted, for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, commas and figure \"Code of Civil Procedure, 1908,\" were substituted, for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, commas and figure \"Code of Civil Procedure, 1908,\" were substituted, for the words “Code of Civil Procedure” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Works of Defence Act, 1903",
"num_of_sections": 45,
"published_date": "20th March, 1903",
"related_act": [
73,
74,
75,
76,
77,
78,
430,
82,
86
],
"repelled": false,
"sections": [
{
"act_id": 82,
"details": "1.(1) This Act may be called the Works of Defence Act, 1903; and (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent.",
"related_acts": "82",
"section_id": 1
},
{
"act_id": 82,
"details": "2. In this Act, unless there is something repugnant in the subject or context,- (a)\tthe expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth: (b)\tthe expression “person interested” includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land: (c)\tthe expression “Division” means one of the Divisions or Groups into which Bangladesh is, for military, naval or air force purposes for the time being divided; it includes a Brigade area, a sub-Area which does not form part of any Division, a naval station, port, dockyard, or establishment; or an air force Headquarters which does not form part of any air force Group, and any area which the Government may, by notification in the Official Gazette, declare to be a Division for all or any of the purposes of this Act: (d)\tthe expression “General Officer Commanding the Division” means with reference to a work pertaining to the Army, the army officer for the time being in command of the forces in a Division, with reference to a work pertaining to the Navy, the naval officer for the time being in command of the forces in a Division and with reference to a work pertaining to the Air Force, the air force officer for the time being in command of the force in a Division: (e)\tthe expression “Commanding Officer” means the officer for the time being in command of a work of defence: (f)\tthe expression “Collector” includes any officer specially appointed by the Government to perform the functions of a Collector under this Act: (g)\tthe expression “Court” means a principal Civil Court of original jurisdiction, unless the Government has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act: (h)\t“maintain”, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3, sub-section(2): (i)\tthe following persons shall be deemed “entitled to act” as and to the extent hereinafter provided, that is to say,- trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability: a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age: and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted: Provided that,- (i)\tno person shall be deemed “entitled to act” whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii)\tin every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii)\tthe provisions of 2Order XXXII of the First Schedule to the Code of Civil Procedure, 1908, shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv)\tno person “entitled to act” shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale; (j)\tthe expression “work” or “work of defence” means any defence establishment and include a naval dockyard, an airfield, a runway, an emergency landing ground or any area declared by the Government to be a “work” or “work of defence”; (k)\tthe expression “Clearance Area” means- (i)\t\tan area 250 yards wide measured on either side and at right angle to the center line of a runway along its full length; (ii)\tan area 75 yards wide measured on either side and at right angle to the center line of a taxi way along its full length; (iii)\tan area 42 yards wide all round an apron or hard standing measured from the outer edge; (iv)\tan area immediately adjacent to both ends of a runway 300 yards long measured along and symmetrical to extended center line of a runway and 250 yards wide either side of the center line; and (v)\tan area 500 yards wide flaring up to 707 yards beyond that mentioned in the preceding clause at each end of runway extending on the ground for a distance of 1,000 yards along and symmetrical about the extended center line of a runway; (l)\t“Funnel Area” means air space clearance at each end of a runway beginning at the end of the area mentioned in clause (k) (v) at the elevation of the end of runway and rising on a slope of 1 in 50 (for every 50 feet horizontal one foot vertical, known as glide angle) for a horizontal distance of 3,033 yards measured along and symmetrical about the extended center line of runway, the width of the Funnel Area at the end of the distance mentioned in clause (k) (v) being 707 yards flaring up to 1,333 yards at the end; (m)\t“Area of Restricted Height” means air space clearance at each end of a runway beginning at the end of Funnel Area above an elevation of 60 yards measured above the elevation of the end of the runway and with a width of 1,333 yards and a length of 5,000 yards measured along and symmetrical about the extended center line of the runway; (n)\t“Inner Horizontal Surface” means an air space clearance above an elevation of 50 yards over and above the established airfield elevation, the extent of this surface being limited to an area included within a radius of 4,333 yards measured form the geometrical center of the runway known as reference point; (o)\t“Inner Conical Surface” means air space clearance extended outward and upward from the periphery of the Inner Horizontal Surface for a distance of 2,333 yards, the slope of Conical Surface being 20 horizontal to one vertical protruding above; (p)\tOuter Horizontal Surface” means air space clearance above an elevation of 166 yards over and above the established airfield elevation, the extent of this surface being limited to an area included between the outer periphery of Inner Conical Surface and a circle having a radius of 16,667 yards measured from the reference point; (q)\t“Transition Surface” means air space clearance joining two adjacent surfaces with a slope of 7 horizontal to one vertical measured outward and upward and all along the sides of runway Clearance Area, Funnel Area and Area of Restricted Height, the slope being measured at right angle to the runway axis except, at the ends of the Area of Restricted Height where it will be measured parallel to it.",
"name": "Definitions",
"related_acts": "86",
"section_id": 2
},
{
"act_id": 82,
"details": "3.(1) Whenever it appears to the Government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorized to certify its orders. (2) The said declaration shall be published in the official Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality. (3) The said declaration shall be conclusive proof that it is necessary to kept the land free from buildings and other obstructions.",
"name": "Declaration and notice that restrictions will be imposed.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 82,
"details": "4. It shall be lawful for such officer as the Government may, by general or special order, authorize in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.",
"name": "Power to do preliminary acts after publication of notice under section 3, sub-section (2).",
"related_acts": "",
"section_id": 4
},
{
"act_id": 82,
"details": "5. The officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.",
"name": "Payment for damage.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 82,
"details": "6.(1) Whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the Government may, by general or special order, authorize in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for, leveling and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved. (2) The powers conferred by sub-section (1) shall not be exercised,- (a)\tsave as otherwise provided by sub-section (3), before the making of the award hereinafter referred to in section 12, nor (b)\tsave as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them. (3) In case of emergency, the Government may, by notification in the official Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency. (4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made thereunder or of any condition prescribed in accordance therewith.",
"name": "Further powers exercisable after publication of notice under section 3, sub-section (2).",
"related_acts": "",
"section_id": 6
},
{
"act_id": 82,
"details": "7. From and after the publication of the notice mentioned in section 3, sub-section (2), such of the following restrictions as the Government may in its discretion declare therein shall attach with reference to such land, namely:- (a) \tWithin an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,- (i)\tno variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer Commanding the Division, and on such conditions as he may prescribe; (ii)\tno wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated: Provided that, with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be exempted from the prohibition: Provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer; (iii)\tno surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorized in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer; and (iv)\twhere any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approval of the General Officer Commanding the Division, be made with materials different in kind from those employed in the original building, wall, bank or other construction. (b) \tWithin a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely:- (i)\tno building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe, and no such building, wall, bank or other construction shall be erected: Provided that, with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered: Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the General Officer Commanding the Division; and (ii)\tlive hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the General Officer Commanding the Division and on such conditions as he may prescribe. (c) \tWithin a third boundary which may extend to a distance of five hundred yards from the crest of the outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely:- no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected: Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, a building or other construction on the surface may be maintained and open railing and dry brush-wood fences may be exempted from this prohibition.",
"name": "Restrictions",
"related_acts": "",
"section_id": 7
},
{
"act_id": 82,
"details": "37A. From and after the publication of the notice mentioned in section 3, sub-section (2), such of the following restrictions as the Government may in its discretion declare therein shall attach with reference to the land in the vicinity of an air field, namely: (a)\tNo variation shall be made in the ground level, and no building, wall or other construction above the ground level and no obstruction or ditch shall be permitted in the Clearance Area. (b)\tNo building, wall, bank or other construction above the ground level shall be maintained, erected, added to or altered in the Funnel Area, Area of Restricted Height, Transition Surface, Inner Conical Surface and Outer Horizontal Surface, otherwise than with the written approval of the General Officer Commanding the Division, and on such conditions as he may prescribe.",
"name": "Restrictions with reference to airfield.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 82,
"details": "8. As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall so prepared a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.",
"name": "Land to be marked out, measured, registered and planned.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 82,
"details": "9.(1) At any time before the expiration of- (a)\tthe period of eighteen months from the publication of the declaration referred to in section 3, or (b)\tsuch other period not exceeding three years from the said publication as the Government may, be notification in the Official Gazette, direct in this behalf, the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him: Provided that, where anything has been done in exercise of the powers conferred, in case of emergency, by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter. (2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, within the revenue-district in which the land is situate. (4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.",
"name": "Notice to persons interested.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 82,
"details": "10. The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.",
"name": "Power to require and enforce the making of statements as to names and interests.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 82,
"details": "11. Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the 4Penal Code.",
"name": "Application of certain sections of the Penal Code.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 82,
"details": "12. On the day fixed under section 9 or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of- (a)\tthe true area of the land and the nature of the obstructions from which the land is to be kept free; (b)\tthe compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7; and (c)\tthe apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him or not.",
"name": "Inquiry and award by Collector.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 82,
"details": "13.(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstructions from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7, and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.",
"name": "Award of Collector when to be final.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 82,
"details": "14. The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.",
"name": "Adjournment of inquiry.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 82,
"details": "15. For the purpose of inquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents, by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the 5Code of Civil Procedure, 1908.",
"name": "Power to summon and enforce attendance of witnesses and production of documents.",
"related_acts": "86",
"section_id": 16
},
{
"act_id": 82,
"details": "16. In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.",
"name": "Matters to be considered and neglected.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 82,
"details": "17. Whenever the officer exercising powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation but of which no notice has been given or compensation awarded under sections 9 and 12, respectively, should be done in pursuance of the said powers, the Collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of that section, and the provisions of sections 10 to 16 shall, so far as they are applicable, be deemed to apply to any further inquiry and award which may be held or made in consequence of such supplementary notice.",
"name": "Supplementary proceedings.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 82,
"details": "18.(1) Any person interested who has not accepted the award may, by written application to the Collector require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested: Provided that every such application shall be made,- (a)\t\tif the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award; (b)\t\tin other cases, within six weeks of the receipt of the notice from the Collector under section 13, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire. (2) The application shall state the grounds on which objection to the award is taken.",
"name": "Reference to Court.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 82,
"details": "19.(1) In making the reference the Collector shall state, for the information of the Court, in writing under his hand,- (a)\tthe situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7; (b)\tthe names of the persons whom he has reason to think interested in such land; (c)\tthe amount of compensation awarded under section 12; and, (d)\tif the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested respectively.",
"name": "Collector’s statement to the Court.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 82,
"details": "20. The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:- (a)\tthe applicant; (b)\tall persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) \tif the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.",
"name": "Services of notice.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 82,
"details": "21. The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.",
"name": "Restriction on scope of proceedings.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 82,
"details": "22. Every such proceeding shall take place in open Court, and all persons entitled to practice in any Civil Court in 6Bangladesh shall be entitled to appear, plead and act, as the case may be, in such proceeding.",
"name": "Proceedings to be in open Court.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 82,
"details": "23.(1) In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall take into consideration,- (a)\t\tthe actual decrease in market-value of the land owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6; (b)\tthe damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6; (c)\tthe damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land; (d)\tthe damage (if any) sustained by the person interested by anything done or ordered under sections 6 and 7 injuriously affecting his other property, moveable or immoveable, in any other manner, or his earnings; and, (e)\tif, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change. (2) In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.",
"name": "Matters to be considered in determining compensation.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 82,
"details": "24. In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration,- (a)\tthe degree of urgency which has led to the damage or the imposition of restrictions; (b)\tany disinclination of the person interested to submit to damage or restrictions; (c)\tany damage sustained by him, which, if caused by a private person, would not render such person liable to a suit; (d)\tany increase to the value of the other land of the person interested, accruing or likely to accrue from anything done under this Act; or (e)\tany outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3.",
"name": "Matters not to be considered in determining compensation.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 82,
"details": "25.(1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 12. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector. (3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector.",
"name": "Rules as to amount of compensation.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 82,
"details": "26. Every award under this Part shall be in writing singed by the Judge, and shall specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.",
"name": "Form of awards.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 82,
"details": "27.(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportion they are to be paid. (2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.",
"name": "Costs",
"related_acts": "",
"section_id": 28
},
{
"act_id": 82,
"details": "28. If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.",
"name": "Collector may be directed to pay interest on excess compensation.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 82,
"details": "29. Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.",
"name": "Particulars of apportionment to be specified.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 82,
"details": "30. When the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.",
"name": "Dispute as to apportionment.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 82,
"details": "31.(1) On making an award under section 12, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in sub-section (2). (2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section, the Collector may, with the sanction of the Government, instead of awarding a money-compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land-revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned. (4) Nothing in sub-section (3) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.",
"name": "Payment of compensation or deposit of same in Court.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 82,
"details": "32.(1) If any money is deposited in Court under section 31, sub-section (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court shall order the money to be invested,- (a)\tin the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or, (b) \tif such purchase cannot be effected forthwith, then in such Government or other approved securities as it thinks fit; and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same are applied (i)\tin the purchase of such other lands as aforesaid; or (ii)\tin payment to any person or persons becoming absolutely entitled thereto. (2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Collector, namely: (a)\tthe costs of such investments as aforesaid; (b)\tthe costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.",
"name": "Investment of money deposited in respect of lands belonging to persons incompetent to alienate.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 82,
"details": "33. If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect of which such money was deposited or as near thereto as may be.",
"name": "Investment of money deposited in other cases.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 82,
"details": "34. When the amount of any compensation awarded under this Act is not paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited.",
"name": "Payment of interest.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 82,
"details": "35.(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to be imposed: Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may be proved by the production of the addressee's receipt.",
"name": "Service of notices.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 82,
"details": "36. Whoever wilfully,- (a)\tobstructs any person in doing any of the acts authorized by section 4, section 6 or section 8, or (b)\tdestroys, damages, alters or otherwise interferes with the ground level or any work done under section 6, or (c)\tcontravenes any of the provisions of section 7, section 7A or any condition prescribed thereunder, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty Taka, or with both, and, in the case of a continuing offence, with an additional fine which may extend to five Taka for every day after the first in regard to which he is convicted of having persisted in the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.",
"name": "Penalties",
"related_acts": "",
"section_id": 37
},
{
"act_id": 82,
"details": "37. If the Collector or officer authorized under section 6 is opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce compliance.",
"name": "Magistrate to enforce the terms of the Act.",
"related_acts": "",
"section_id": 38
},
{
"act_id": 82,
"details": "38.(1) The Government shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorized by section 6 have been taken. (2) Whenever the Government withdraws the imposition of any declared restrictions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions. (3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.",
"name": "Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 82,
"details": "39.(1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired: Provided that the owner may at any time before the Collector has made his award under section 12, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired: Provided, also, that, if any question shall arise as to whether any building or other construction proposed to be demolished under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court, and such building or other construction shall not be demolished until after the question has been determined. In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building. (2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person interested, no account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part. (3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the Government to the person interested, and shall thereafter proceed to make his award under section 12. (4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards.",
"name": "Demolition of part of house or building and imposition of restrictions on pat of land.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 82,
"details": "40. No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.",
"name": "Exemption from stamp-duty and fees.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 82,
"details": "41. No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.",
"name": "Notice in case of suits for anything done in pursuance of Act.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 82,
"details": "42. Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the 7Code of Civil Procedure, 1908, shall apply to all proceedings before the Court under this Act.",
"name": "Code of Civil Procedure to apply to proceedings before Court.",
"related_acts": "86",
"section_id": 43
},
{
"act_id": 82,
"details": "43. Subject to the provisions of the 8Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeal shall lie to the 9High Court Division from the award or from any part of the award of the Court in any proceeding under this Act.",
"name": "Appeals in proceedings before Court.",
"related_acts": "86",
"section_id": 44
},
{
"act_id": 82,
"details": "44.(1) The Government may make rules for the guidance of officers in all matters connected with the enforcement of this Act. (2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being made after previous publication. (3) All rules made under sub-section (1) shall be published in the Official Gazette, and shall thereupon have effect as if enacted in this Act.",
"name": "Power to make rules.",
"related_acts": "",
"section_id": 45
}
],
"text": "1♣An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition. WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition; It is hereby enacted as follows:-"
} |
{
"id": 83,
"lower_text": [
"1 The word “Bangladesh” was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bangladesh” was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word “Bangladesh” was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The comma and words “, in any Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Foreign Marriage Act, 1903",
"num_of_sections": 2,
"published_date": "23rd October, 1903",
"related_act": [
27,
83,
430
],
"repelled": false,
"sections": [
{
"act_id": 83,
"details": "1.(1) This Act may be called the Foreign Marriage Act, 1903. (2) It extends to the whole of 1Bangladesh. (3) It applies also to all citizens of 2Bangladesh and to all persons in the service of Government, whether citizens of 3Bangladesh or not 4* * *.",
"name": "Short title, extent and application.",
"related_acts": "83",
"section_id": 1
},
{
"act_id": 83,
"details": "2.(1) Notice in writing of a marriage which it is intended to solemnize under the Foreign Marriage Act, 1892, may be given by one of the parties intending such marriage, to- (a)\ta Marriage Registrar appointed under the Christian Marriage Act, 1872, where either of such parties is a person professing the Christian religion; (b)\ta District Magistrate where neither of such parties is a person professing the Christian religion: Provided that the party giving such notice as aforesaid shall have had his usual place of abode for not less than three consecutive weeks immediately preceding the giving of notice within the local limits of the area for which the Marriage Registrar, Magistrate to whom the notice is given, is appointed. (2) Every notice given under this section shall state- (a)\tthe name, surname, age and profession or condition of each of the parties intending marriage; (b)\tthe residence of each of them; (c)\tthe time during which each of them has dwelt there; and (d)\tthe place in which the intended marriage is to be solemnized; and it shall contain a declaration by the party giving the notice to the effect that he believes that there is no impediment of kindred or affinity or other lawful hindrance to the solemnization of the said intended marriage. (3) A copy of every notice given under this section shall be published by being affixed in some conspicuous place in the office of the officer to whom the notice is given. (4) On the expiration of four clear days after such notice as aforesaid has been published in the manner prescribed by sub-section (3), the officer to whom the notice is given, unless he is aware of any impediment of kindred or affinity or other lawful hindrance to the solemnization of the said intended marriage, shall, on payment of such fee (if any) as the Government may fix in this behalf, furnish the party by whom the notice was given, with a certificate, under his hand and seal, to the effect that the notice has been so given and published.",
"name": "Notice of marriage intended to be solemnized.",
"related_acts": "27",
"section_id": 2
}
],
"text": "An Act to give effect to the Foreign Marriages Order in Council, 1903. WHEREAS it is expedient to give effect to the Foreign Marriages Order in Council, 1903; It is hereby enacted as follows:-"
} |
{
"id": 84,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"Bangladesh\", \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bengali\" was substituted, for the words “one or more vernacular languages” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Public Parks Act, 1904",
"num_of_sections": 9,
"published_date": "9th March, 1904",
"related_act": [
84,
430
],
"repelled": false,
"sections": [
{
"act_id": 84,
"details": "1. (1) This Act may be called the 2* * * Public Parks Act, 1904. (2) It may be applied to any public park or garden in Bangladesh by order of the Government published in the official Gazette.",
"name": "Short title and application",
"related_acts": "84",
"section_id": 1
},
{
"act_id": 84,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“park” means any public park or garden to which this Act applies by virtue of any order published under sub-section (2) of section 1. (b)\t“Superintendent” means the person in executive charge of a park; and for the purposes of section 6, sub-section (2), includes also (i) \tan assistant superintendent of a park, and (ii) \tany member of the Managing Committee (if \tany) of a park; and (c) \t“park durwan” means any person appointed by the superintendent, or by the authority to whom the superintendent is subordinate, to act as a durwan of the park.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 84,
"details": "3. The Government may, by notification in the official Gazette declare that any specified land, bridge or pontoon shall, for the purposes of this Act, be deemed to be included in any park.",
"name": "Power to extend boundaries of park",
"related_acts": "",
"section_id": 3
},
{
"act_id": 84,
"details": "4.(1) The Government may make rules for the management, and preservation of any park, and for regulating the use thereof by the public. (2) In particular, and without prejudice to the generality of the foregoing power such rules may,- (a)\tregulate the admission of persons, horses and ponies, and carriages, palanquins and other conveyances, into the park, and prescribed fees to be paid therefor; (b)\tprohibit or regulate the bringing of dogs, motor-cars, bicycles or tricycles into the park; (c)\tprohibit the doing of all or any of the following things, by persons other than employees of the park, that is to say, plucking or gathering anything growing in the park, breaking trees, branches or plants cutting names or marks on trees, disfiguring buildings, furniture or monuments, removing or disfiguring labels or marks attached to trees or plants; (d)\tprohibit the purchase of any produce of the park otherwise than from the superintendent or some other authorized person; (e)\tprohibit shooting, bird-nesting, the catching of butterflies, or any act of cruelty; (f)\tprohibit or regulate fishing or boating and prescribe fees to be paid by persons obtaining permission to fish or to use boats; (g)\tprohibit bathing, or the pollution of water by any other means; (h)\tprohibit the grazing of horses or ponies; (i)\tprohibit the teasing or annoying of animals or birds kept in the park; (j)\tprohibit the commission of any nuisance, or the molestation or annoyance of any person resorting to the park. (3) In making any rule under this section, the Government may direct that a breach thereof shall be punishable with fine which may extend to one hundred Taka. (4) The power to make rules under this section is subject to the condition that they shall be made after previous publication. (5) All rules made under this section shall be punished in the official Gazette.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 4
},
{
"act_id": 84,
"details": "5. One or more copies in English and in 3Bengali, of every notification published under section 3, and of all rules made under section 4 for observance by persons resorting to a park, and for the time being in force, shall be put up in the park in such conspicuous manner as the superintendent may deem best calculated to give information to such persons.",
"name": "Exhibition of copies of notifications and rules in park",
"related_acts": "",
"section_id": 5
},
{
"act_id": 84,
"details": "6.(1) If any person who, in the presence of a park durwan in uniform, has committed or has been accused of committing a breach of any rule, made under section 4, and who is unknown to such durwan, refuses, on demand of such durwan, to give his name and residence, or gives a name or residence which such durwan has reason to believe to be false, such person may be detained by such durwan in order that his name or residence may be ascertained. (2) When any person is detained under sub-section (1) he shall forthwith be taken to the superintendent, or, if the superintendent be not present in the park or its immediate precincts such person shall be taken to the nearest police-station, or if he so requests, to the nearest Magistrate having jurisdiction to try him. (3) If the true name and residence of any person so taken to the superintendent be not ascertained within a reasonable time, the superintendent shall forthwith send for an officer of police, and shall detain the offender until the arrival of such an officer, and shall then deliver him into the custody of such officer, to be taken to the nearest police-station. (4) If the true name and residence of any person taken to a police-station under this section be not ascertained within a reasonable time, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction to try him. (5) When the true name and residence of any person detained under this section have been ascertained, he shall be allowed to depart. (6) No person shall be detained under this section for a longer period than twelve hours.",
"name": "Refusal of offender to give name and residence",
"related_acts": "",
"section_id": 6
},
{
"act_id": 84,
"details": "7. Every superintendent and park durwan shall, for the purposes of the 4Penal Code, be deemed to be a public servant.",
"name": "Superintendent and park durwan deemed “public servants.”",
"related_acts": "",
"section_id": 7
},
{
"act_id": 84,
"details": "8. Every park durwan shall, in addition to any powers and immunities specially conferred on him by this Act or by rules made hereunder, have, within the limits of the park to which he is appointed, all such powers, privileges and immunities, and shall, within the said limits be liable to all such duties and responsibilities, as a police-constable has and is liable to within the limits of the police-station in which such park is comprised: Provided that every park durwan shall be subordinate to the superintendent.",
"name": "General powers, duties, etc., of park durwan",
"related_acts": "",
"section_id": 8
},
{
"act_id": 84,
"details": "9. Every police-constable employed within the limits of a police-station shall have, within any park comprised in such limits, the powers, privileges, and immunities conferred on a park durwan by this Act and any rules made hereunder.",
"name": "General powers etc., of Police Constables",
"related_acts": "",
"section_id": 9
}
],
"text": "1♣An Act for the regulation of Public Parks in Bangladesh. WHEREAS it is expedient to protect public parks and gardens in Bangladesh from injury, and to secure the public from molestation and annoyance while resorting to such parks and gardens; It is hereby enacted as follows:-"
} |
{
"id": 85,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bengal\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Section 8A was inserted by section 8 of the Bengal Smoke-nuisances (Amendment) Act, 1916 (Act No. I of 1961)",
"6 The words, brackets, comma and figure “After the commencement of the Bengal Smoke-nuisances (Amendment) Act, 1916” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.VIII of 1973)",
"7 The words \"A date to be specified\" were substituted, for the words, brackets, figures and commas “The date to be specified in accordance with clause (3) of section 24 of the Bengal General Clauses Act, 1899, as that” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Smoke-Nuisances Act, 1905",
"num_of_sections": 14,
"published_date": "3rd May, 1905",
"related_act": [
75,
85,
430
],
"repelled": false,
"sections": [
{
"act_id": 85,
"details": "1.(1) This Act may be called the 2* * * Smoke-Nuisances Act, 1905; and (2) Omitted by the Schedule of the East Pakistan Repealing and amending Ordinance, 1962 (Ordinance No. XIII of 1962).",
"name": "Short title and extent.",
"related_acts": "85",
"section_id": 1
},
{
"act_id": 85,
"details": "2.(1) The Government may, by notification published in the official Gazette and in such other manner (if any) as the Government may determine, declare its intention to extend this Act to any specified area in Bangladesh: 3* * * (2) Any inhabitant of an area to which it is proposed to extend this Act may, if he objects to such extension submit his objection in writing to the Government within a period of three months from the publication of the said notification in the official Gazette. (3) At any time after the expiration of the said period, and after considering the objections (if any) submitted under sub-section (2), the Government may, by notification in the official Gazette, extend this Act to the said area.",
"name": "Power to extend Act.",
"related_acts": "",
"section_id": 2
},
{
"act_id": 85,
"details": "3. In this Act,- (1) \t“furnace” means any furnace or fireplace used- (a)\tfor working engines by steam, or (b)\tfor any other purpose whatsoever: Provided that no furnace or fireplace- (i) \tused for the burning of the dead, or (ii) \tused in a private house for bona fide domestic purposes other than the purpose specified in clause (a), shall be deemed to be a furnace or fireplace within the meaning of this Act: (2) \t“Inspector” means a Chief Inspector of Smoke-nuisances, or an Assistant Inspector of Smoke-nuisances, appointed under this Act; (3) \t“the Commission” means the Bangladesh Smoke-nuisances Commission constituted under this Act; (4) \tthe expression “owner,” when used with reference to a furnace, includes any agent or hirer using the furnace, and any foreman or other person superintending the working of the furnace; and (5) \t“Magistrate” means Magistrate of the first class or a Bench of Magistrates exercising first class powers under the Code of Criminal Procedure, 1898.",
"name": "Definitions",
"related_acts": "75",
"section_id": 3
},
{
"act_id": 85,
"details": "4.(1) The Government shall, by notification in the official Gazette, constitute a commission, to be called the Bangladesh Smoke-nuisances Commission, to supervise and control the working of this Act. (2) The said Commission shall consist of a President and so many other members as the Government may determine. (3) Not more than one half of the members (including the President) shall be officials nominated by the Government; and the remainder shall be non-officials nominated, in such manner as the Government may direct, by bodies or associations whose interests are likely to be affected by this Act. (4) Subject to the provisions of sub-section (3), all members of the Commission shall be appointed, and all vacancies in the Commission shall, as occasion requires, be filled up by the Government by notification in the official Gazette. (5) No act done by the Commission shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Commission.",
"name": "Constitution of Commission.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 85,
"details": "5.(1) The Government may, by notification in the official Gazette, appoint a Chief Inspector of Smoke-nuisances and so many Assistant Inspectors of Smoke-nuisances as it may think fit. (2) Every Assistant Inspector appointed under sub-section (1) shall be subordinate to the Chief Inspector, and all Inspectors shall be subordinate to, and subject to the control of, the commission. (3) Every Inspector appointed under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the 4Penal Code.",
"name": "Appointment of Inspectors.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 85,
"details": "6.(1) The Government may, by notification in the official Gazette, prohibit, within any specified area,- (a)\tthe erection or use of any specified class of brick tile or lime-kilns, or, clamps for making bricks, or (b)\tthe erection or use of furnaces to be used for the calcining or smelting of ores or minerals, or for the casting, puddling or rolling of iron or other metals, or for the conversion of pig-iron into wrought-iron, or (c)\tthe manufacture of coke, in ovens, or with special appliances, or (d)\tthe making of coke without ovens or special appliances. (2) If any kiln, clamp or furnace be erected or used in contravention of any notification issued under sub-section (1), clause (a) or clause (b), the owner thereof shall be liable to fine which may extend to two hundred and fifty Taka. (3) If any person manufactures coke in contravention of any notification issued under sub-section (1), clause c), he shall be liable to fine which may extend, on a first conviction, to two hundred and fifty Taka, and on any subsequent conviction to five hundred Taka. (4) If any person makes coke in or upon any building or land in contravention of any notification issued under sub-section (1), clause (d),- (a)\tsuch person, and (b)\tthe owner (if he knowingly permits the coke to be made by such person) or the occupier of such building or land shall be jointly and severally liable to a fine which may extend, on a first conviction, to twenty-five Taka, and on any subsequent conviction to fifty Taka; and the coke so made may be seized by an Inspector pending the order of the Magistrate. (5) In any prosecution under sub-section (4), the Magistrate may, besides imposing a fine as aforesaid, record an order directing the confiscation of any coke seized as in that sub-section provided; and, in such a case, it shall be lawful for the Commission to dispose of the same in such manner as the Government may, by rule made under section 10, prescribe. (6) \tFor the purposes of sub-section (4),- (i)\tthe expression “occupier” means any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the building or land in respect of which the word is used, and includes an owner living in, or otherwise using, his own building or land; and (ii)\tthe expression “owner” includes the person for the time being receiving the rent of any building or land or of any part of any building or land, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or as a receiver, or who would so receive such rent, if the building, land, or part thereof, were let to a tenant.",
"name": "Power to prohibit the erection or use of kilns or furnaces, or the manufacture of coke, in specified areas.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 85,
"details": "7.(1) Whenever a Magistrate imposes a fine on any person under section 6, sub-section (2), for erecting or using a kiln, clamp or furnace in contravention of any notification issued under section 6, sub-section (1), clause (a) or clause (b), he may be order direct such person to demolish the kiln, clamp or furnace within a period to be specified on the order. (2) If any person fails to demolish any kiln, clamp or furnace within the period prescribed in any such order, or within such longer period as the Magistrate may, for special reason, allow, he shall be liable to fine which may extend to twenty Taka for everyday thereafter during which such failure continues.",
"name": "Power to order demolition of kilns or furnaces erected or used within prohibited areas.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 85,
"details": "8.(1) If smoke be emitted from any furnace in greater density, or at a lower altitude, or for a longer time, than is permitted by rules made under this Act, the owner of the furnace shall be liable to fine which may extend, on a first conviction, to fifty Taka, on a second conviction to one hundred Taka, and on any subsequent conviction to two hundred Taka. (2) Repealed by section 7 of the Bengal Smoke-nuisances (Amendment) Act, 1916 (Act No. 1 of 1916).",
"name": "Penalty when smoke is emitted to a greater extent than is permitted by rules.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 85,
"details": "58A.(1) 6* * *- (a) \tno furnace, flue or chimney shall be erected, and (b)\tno furnace, flue or chimney, erected prior to the commencement of the said Act, shall be re-erected, altered or added to otherwise than in accordance with plans approved by the Commission. (2) In the event of any contravention of the provisions of sub-section (1), the owner of the furnace, flue or chimney, as the case may be, shall be liable to fine which may extend to one hundred Taka and, if any such furnace, flue or chimney is used without the permission of the Commission, to a further penalty, not exceeding twenty Taka, for everyday during which such wrongful use continues.",
"name": "Submission of plans and penalty.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 85,
"details": "9.(1) An Inspector may, after giving reasonable notice in writing to the owner, manager, engineer or person in charge (a)\tenter and inspect, during working hours, any building or place which contains a furnace, and inspect such furnace; (b)\tunder the written authority of the Commission, use and test any appliance used for preventing the emission of smoke from any such furnace; and (c)\tunder the written authority of the Commission, direct that any such furnace be worked or stoked experimentally, during his visit to such building or place, in any manner which he may consider suitable for preventing or reducing the emission of smoke, but not so as to interfere with the business carried on the such building or place further than is necessary for the purposes of the experiment. (2) If any owner of a furnace in respect of which a direction is given under clause (c) fails to secure compliance with such direction, he shall be liable to fine which may extend to one hundred Taka. (3) Notwithstanding anything contained in sub-section (1), the Commission, and, in any urgent case, the President may, by order in writing, (which shall be produced on demand to the owner, occupier, manager, engineer or person in charge,) authorize any Inspector to enter and inspect without notice and at any time by day or by night any building or place in which the Commission or the President, as the case may be, has reason to believe that a furnace exists or that coke is being made, and to inspect such furnace, building or place: Provided that if, in any such building, which is a private dwelling-house, there is an apartment in the actual occupancy of a woman who, according to custom, does not appear in public, such Inspector shall, before entering such apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing. (4) Whenever the President makes any order under sub-section (3), he shall, as soon thereafter as conveniently may be, report the fact to the Commission.",
"name": "Powers of Inspectors.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 85,
"details": "10.(1) The Government may after previous publication, make rules to carry out the objects of this Act. (2) In particular, and without prejudice to generality of sub-section (1), such rules may,- (a)\tregulate the transaction of business by the Commission; (b)\tprescribe the powers and duties to be exercised and performed by the Commission and by Inspectors, respectively, and regulate the exercise and performance of those powers and duties; (c)\tprescribe a scale for the purpose of determining the density of smoke; (d)\tprescribe the density of smoke that may be emitted from a furnace; (e)\tprescribe the time during which smoke of such density may be emitted from a furnace; (f)\tregulate, with due regard to the safety of shipping, the emission of smoke from the furnaces of vessels; (g)\tprescribe the altitude below which smoke may not be emitted from a furnace; (h)\tprescribe a procedure for the giving of warning to offenders before instituting a prosecution under this Act, and declare the minimum period which should be allowed to elapse in different classes of cases between the giving of such warning and the institution of a prosecution; (i)\tauthorize the payment of a fee, not exceeding thirty two Taka to each or any member of the Commission attending a meeting of the Commission; (j)\tregulate the disposal of coke confiscated under section 6, sub-section (5), (jj)\tprescribe a scale of fees for the examination and approval of plans, the inspection and testing, and the grant of permission for the working of furnaces, flues and chimneys and generally for the services of Inspectors; and (k)\tprescribe a procedure to give effect to the provisions of section 8A. (3) 7A date to be specified after which a draft of rules proposed to be made under this section will be taken into consideration, shall not be less than three months from the date on which the draft of the proposed rules was published for general information. (4) Any rule to be made under this Act shall, before it is published for criticism under sub-section (1), be referred to the Commission constituted under section 4, and the rule shall not be so published until the said Commission has reported as to the expediency of making the proposed rule and as to the suitability of its provisions. (5) All rules made under this section shall be published in the official Gazette.",
"name": "Rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 85,
"details": "11. A Magistrate may take cognizance of an offence against this Act only- (a)\tupon a complaint made by, or with the written authority of, the Chief Inspector, and (b)\twithin a period of two months from the date of the Commission of the offence.",
"name": "Cognizance of offences.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 85,
"details": "12. Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Omitted",
"related_acts": "",
"section_id": 13
},
{
"act_id": 85,
"details": "13. Repealed by the Bengal Repealing and Amending Act, 1938 (Act I of 1939).",
"name": "Repealed",
"related_acts": "",
"section_id": 14
}
],
"text": "1♣An Act to amend the law relating to the abatement of nuisances arising from the smoke of furnaces or fire-places in certain areas in Bangladesh. WHEREAS it is expedient to amend the law relating to the abatement of nuisances arising from the smoke of furnaces or fire places in certain areas in Bangladesh. It is hereby enacted as follows:-"
} |
{
"id": 86,
"lower_text": [
"1 The words and figure \"section 47 or\" were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance No. XLVIII of 1983)",
"2 The commas and words \", and includes an advocate, a vakil and an attorney of a High Court\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words \"The Republic\" were substituted, for the words \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word \"Republic\" was substituted, for the word \"Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words \"or local\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word \"local\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Provincial\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"14 The words \"Bangladesh Biman\" were substituted, for the words \"Pakistan International Airways\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words \"Cox's Bazar\" were substituted, for the word \"Muree\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 The word \"Khulna\" was substituted, for the word \"Bahawalpur\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The words \"at Khulna\" was substituted, for the word \"Bahawalpur\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"20 The word \"Chittagong\" was substituted, for the word \"Karachi\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"21 The words \"but to the same High Court\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"22 The word \"said\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"23 Section 24A was inserted by section 7 of the Code of Civil Procedure (Amendment) Ordinance, 1962 (Ordinance No. XLIV of 1962)",
"24 The word \"Government\" was substituted, for the words \"Courts issuing such summons of processes have been established or continued by the authority of the Central Government or that the Provincial Government of the Province in which such summonses or processes are to be served\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"25 Section 35A was substituted, by section 2 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"26 Section 35B was inserted by section 3 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"27 The words and comma \"or by any Court established or continued by the authority of the Central Government in any Acceding State,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 Section 44A was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 1937 (Act No. VIII of 1937)",
"29 The words \"the United Kingdom or\" were omitted by section 4 of the Code of Civil Procedure (Third Amendment), 2003 (Act No. XL of 2003)",
"30 Explanation 1 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"31 The word \"any\" was substituted, for the words \"the United Kingdom and such other\" by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"32 Clause (a) of explanation 3 was omitted by section 4 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"33 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"34 The words \"the Railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 The words, commas and figures \"Army Act, 1952, Navy Ordinance, 1961, or the Air Force Act, 1953,\" were substituted, for the words, commas, figures and brackets \"Pakistan Army Act, 1952, applies, or of persons other than commissioned officers to whom the Naval Discipline Act as modified by the Pakistan Navy (Discipline) Act, 1934,\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 The words \"the Railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"38 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"39 The words \"the Railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"40 Explanation 3 was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"41 Clause (b) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"42 The words \"shall be Bangladesh\" were substituted, for the words \"shall be\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"43 Clause (a) and (b) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"44 Clauses (a) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"45 The words \"the Railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"46 The words \"the Government\" were substituted, for the words \"that Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"47 The words \"the Railway\" were substituted, for the words \"a railway\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"48 The word \"concerned\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"49 The word \"Bangladesh\" was substituted, for the words \"the Provinces\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"50 The word \"Bangladesh\" was substituted, for the words \"the Provinces\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"51 The word \"Bangladesh\" was substituted, for the words \"the Provinces\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"52 Sections 86 and 86A were substituted, for the original section 86 by section 2 of the Code of Civil Procedure (Amendment) Ordinance, 1970 (Ordinance No. VI of 1970)",
"53 Sections 89A and 89B were inserted by section 3 of the Code of Civil Procedure (Amendment) Act, 2003 (Act No. IV of 2003)",
"54 The words, comma, figures and bracket “Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003)” were substituted for the words, comma, figures and bracket “Artha Rin Adalat Ain, 1990 (Act No. 4 of 1990)” by section 2(a)(i) of the Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"55 The words “the Court shall” were substituted for the words “the Court may” by section 2(a)(ii) of the Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"56 The words, commas, figures and breakets “to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act No. 6 of 2000), or” were inserted after the words “or refer the dispute or disputes in the suit” by section 2(a) of Code of Civil Procedure (Amendment) Act, 2017.",
"57 The full-stop (.) was substituted for the colon (:) and thereafter the proviso was omitted by section 2(a)(iii) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"58 Sub-section (3) was substituted by section 2(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"59 The words “or Legal Aid Officer” were inserted after the words “when the court” by section 2(b) of Code of Civil Procedure (Amendment) Act, 2017.",
"60 Sub-section (4) was substituted by section 2(c) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"61 The words and comma “or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the Court” were substituted for the words “or a mediator is appointed by the Court” by section 2(c) of Code of Civil Procedure (Amendment) Act, 2017.",
"62 Sub-section (5) was substituted by section 2(d) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"63 The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.",
"64 The words and commas “Legal Aid Officer or mediator, as the case may be,” were substituted for the word “mediator” by section 2(d) of Code of Civil Procedure (Amendment) Act, 2017.",
"65 The words “prepare a report and pass an order in the manner” were substituted for the words “make a report and passed order in a manner similar” by section 2(e) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"66 The comma and words “, Legal Aid Officer” were inserted after the word “representatives” by section 2(e) of Code of Civil Procedure (Amendment) Act, 2017.",
"67 Section 89C was inserted by section 2 of the Code of Civil Procedure (Amendment) Act, 2006 (Act No. VIII of 2006)",
"68 The word “shall” was substituted for the word “may” by section 3(a) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"69 Sub-section (2) was substituted by section 3(b) of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"70 Section 89D and 89E were inserted by section 4 of The Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012).",
"71 The words \"Attorney General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"72 The words \"Attorney General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"73 The words \"Attorney General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"74 The words \"Attorney General\" were substituted, for the words \"Advocate General\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"75 The words \"ten thousand\" were substituted, for the words \"one thousand\" by section 5 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"76 Clause (a) to (f) were omitted by section 49 and 3rd Schedule of the Arbitration Act, 1940 (Act No. X of 1940)",
"77 Clause (ff) was inserted by section 3 of the Civil Procedure (Amendment) Act, 1922 (Act No. IX of 1922)",
"78 The words \"or local\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"79 The words \"Appellate Division\" were substituted, for the words \"Supreme Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"80 The words \"Appellate Division\" were substituted, for the words \"Supreme Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"81 The words \"Appellate Division\" were substituted, for the words \"Supreme Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"82 The words \"Appellate Division\" were substituted, for the words \"Supreme Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"83 Clause (b) was omitted by the Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978)",
"84 The words and figure \"Appellate Division under article 103 of the Constitution of the People's Republic of Bangladesh\" were substituted, for the words and figure \"Supreme Court under Article 158 of the Constitution\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"85 The words \"to the Appellate Division\" were substituted, for the words \"to that Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"86 The words \"before that Division\" were substituted, for the words \"before that Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"87 Section 115 was substituted, by section 6 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)",
"88 The comma and words \", vakils and attorneys\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"89 Section 122 was substituted, for the original section 122 by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"90 The words \"for the purpose\" were substituted, for the words \"at the town which is the usual place of siting of each of the High Courts\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"91 Sub-section (2) was substituted, by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"92 The word \"each\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"93 The words \"the Committee\" were substituted, for the words \"a Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"94 The words \"such Committee\" were substituted, for the words \"any such Committee\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"95 The words and comma \"or ceases to reside in the Province in which the Committee was constituted,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"96 The word \"each\" was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"97 The word \"The\" was substituted, for the word \"Every\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"98 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"99 The words \"established at the town at which it is constituted\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"100 The words \"Supreme Court\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"101 The commas and words \", within the local limits of the jurisdiction of the High Court which made them,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"102 The words \"the Government\" were substituted, for the words \"such Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"103 Section 135A was inserted by section 3 of the Legislative Members Exemption Act, 1925 (Act No. XXIII of 1925)",
"104 The word \"Parliament\" was substituted, for the letter and word \"a Legislature\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"105 The word \"Parliament\" was substituted, for the words \"such Legislature\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"106 The word \"Parliament\" was substituted, for the words \"such Legislature\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"107 The words \"the Supreme Court\" were substituted, for the letter and word \"a High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Code of Civil Procedure, 1908",
"num_of_sections": 168,
"published_date": "21st March, 1908",
"related_act": [
256,
136,
21,
430,
310,
58,
579,
79,
80,
81,
82,
83,
84,
85,
86,
87,
88,
89,
248
],
"repelled": false,
"sections": [
{
"act_id": 86,
"details": "1.(1) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shall come into force on the first day of January, 1909. (3) It extends to the whole of Bangladesh.",
"name": "Short title, commencement and extent.",
"related_acts": "86",
"section_id": 1
},
{
"act_id": 86,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\"Code\" includes rules: (2)\t\"decree\" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 1* * * section 144, but shall not include- (a) \tany adjudication from which an appeal lies as an appeal from an order, or (b)\tany order of dismissal for default. Explanation.-A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final: (3)\t\"decree-holder\" means any person in whose favour a decree has been passed or an order capable of execution has been made: (4)\t\"district\" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a \"District Court\"), and includes the local limits of the ordinary original civil jurisdiction of the High Court Division: (5)\t\"foreign Court\" means a Court situate beyond the limits of Bangladesh which has no authority in Bangladesh and is not established or continued by the Government: (6)\t\"foreign judgment\" means the judgment of a foreign Court: (7)\t\"Government Pleader\" includes any officer appointed by the Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader: (8)\t\"Judge\" means the presiding officer of a Civil Court: (9)\t\"Judgment\" means the statement given by the Judge of the grounds of a decree or order: (10)\t\"Judgment-debtor\" means any person against whom a decree has been passed or an order capable of execution has been made: (11)\t\"legal representative\" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued: (12)\t\"mesne profits\" of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits but shall not include profits due to improvements made by the person in wrongful possession: (13)\t\"movable property\" includes growing crops: (14)\t\"order\" means the formal expression of any decision of a Civil Court which is not a decree: (15)\t\"pleader\" means any person entitled to appear and plead for another in Court 2* * *: (16)\t\"prescribed\" means prescribed by rules: (17)\t\"public officer\" means a person falling under any of the following descriptions, namely:- (a)\tevery Judge; (b)\tevery member of the Civil Service of 3The Republic; (c)\tevery commissioned or gazetted officer in the military, naval or air forces of Bangladesh while in the service of the 4Republic; (d)\tevery officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a Court of Justice to perform any of such duties; (e)\tevery person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f)\tevery officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g)\tevery officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report on, any matter affecting the pecuniary interest of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and (h)\tevery officer in the service or pay of the 5Republic, or remunerated by fees or commission for the performance of any public duty: (18)\t\"rules\" means rules and forms contained in the First Schedule or made under section 122 or section 125: (19)\t\"share in a corporation\" shall be deemed to include stock, debenture stock, debentures or bonds: and (20)\t\"signed\", save in the case of a judgment or decree, includes stamped.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 86,
"details": "3. For the purposes of this Code, the District Court is subordinate to the High Court Division, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court Division and District Court.",
"name": "Subordination of Courts.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 86,
"details": "4.(1) In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special 6* * * law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force. (2) In particular and without prejudice to the generality of the proposition contained in sub-section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a land-holder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.",
"name": "Savings",
"related_acts": "",
"section_id": 4
},
{
"act_id": 86,
"details": "5.(1) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the Government may, by notification in the official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such notifications as the Government may prescribe. (2) \"Revenue Court\" in sub-section (1) means a Court having jurisdiction under any 7* * * law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature.",
"name": "Application of the Code of Revenue Courts.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 86,
"details": "6. Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.",
"name": "Pecuniary Jurisdiction.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 86,
"details": "7. The following provisions shall not extend to Courts constituted under the 8* * * Small Cause Courts Act, 1887, or to Courts exercising the jurisdiction of a Court of Small Causes under the said Act, that is to say,- (a)\tso much of the body of the Code as relates to- (i)\tsuits excepted from the cognizance of a Court of Small Causes; (ii)\tthe execution of decrees in such suits; (iii)\tthe execution of decrees against immovable property; and (b)\tthe following sections, that is to say,- section 9, sections 91 and 92, sections 94 and 95 so far as they authorise or relate to- (i)\torders for the attachment of immovable property, (ii)\tinjunctions, (iii)\tthe appointment of a receiver of immovable property, or (iv)\tthe interlocutory orders referred to in clause (e) of section 94; and sections 96 to 112 and 115.",
"name": "Small Cause Courts.",
"related_acts": "58",
"section_id": 7
},
{
"act_id": 86,
"details": "8. \tOmitted by the Adaptation of Central Acts and Ordinance Order, 1949.",
"name": "Omitted",
"related_acts": "",
"section_id": 8
},
{
"act_id": 86,
"details": "9. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Explanation.-A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.",
"name": "Courts to try all civil suits unless barred.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 86,
"details": "10. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court. Explanation.-The pendency of a suit in a foreign Court does not preclude the Court in Bangladesh from trying a suit founded on the same cause of action.",
"name": "Stay of suit.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 86,
"details": "11. No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court. Explanation I.-The expression \"former suit\" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. Explanation II.-For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court. Explanation III.-The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Explanation IV.-Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. Explanation V.-Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused. Explanation VI.-Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.",
"name": "Res Judicata",
"related_acts": "",
"section_id": 11
},
{
"act_id": 86,
"details": "12. Where a plantiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any Court to which this Code applies.",
"name": "Bar to further suit.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 86,
"details": "13. A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except- (a)\twhere it has not been pronounced by a Court of competent jurisdiction; (b)\twhere it has not been given on the merits of the case; (c)\twhere it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of Bangladesh in cases in which such law is applicable; (d)\twhere the proceedings in which the judgment was obtained are opposed to natural justice; (e)\twhere it has been obtained by fraud; (f)\twhere it sustains a claim founded on a breach of any law in force in Bangladesh.",
"name": "When foreign judgment not conclusive.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 86,
"details": "14. The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.",
"name": "Presumption as to foreign judgments.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 86,
"details": "15. Every suit shall be instituted in the Court of the lowest grade competent to try it.",
"name": "Court in which suits to be instituted.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 86,
"details": "16. Subject to the pecuniary or other limitations prescribed by any law, suits- (a)\tfor the recovery of immovable property with or without rent or profits, (b)\tfor the partition of immovable property, (c)\tfor foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, (d)\tfor the determination of any other right to or interest in immovable property, (e)\tfor compensation for wrong to immovable property, (f)\tfor the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or partly arisen: Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or partly arisen, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. Explanation.-In this section \"property' means property situate in Bangladesh.",
"name": "Suits to be instituted where subject-matter situate.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 86,
"details": "17. Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate: Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable by such Court",
"name": "Suits for immovable property situate within jurisdiction of different Courts.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 86,
"details": "18.(1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainly, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction: Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction. (2) Where a statement has not been recorded under sub-section (1), and an objection is taken before an appellate or revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situate, the appellate or revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainly as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.",
"name": "Place of institution of suit where local limits of jurisdiction of Courts are uncertain.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 86,
"details": "19. Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plantiff in either of the said Courts. Illustrations (a)\tA, residing in 9Chittagong beats B in Dhaka. B may sue A either in Dhaka or in 10Chittagong. (b)\tA, residing in 11Chittagong publishes in Dhaka statements defamatory of B. B may sue A either in Dhaka, or in 12Chittagong.",
"name": "Suits for compensation for wrongs to person or movables.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 86,
"details": "20. Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction. (a)\tthe defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually or voluntarily resides, or carries on business, or personally works for gain; or (b)\tany of the defendants, where there are more than one, at the time of the commencement of the suit, actually or voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or (c)\tthe cause of action, wholly or in part, arises. Explanation I.-Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence. Explanation II.-A Corporation shall be deemed to carry on business at its sole or principal office in Bangladesh or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. Illustrations (a) A is a tradesman in Dhaka. B carries on business in 13Chittagong. B, by his agent in Dhaka, buys goods of A and requests A to deliver them to the 14Bangladesh Biman. A delivers the goods accordingly in Dhaka. A may sue B for the price of the goods either in Dhaka, where the cause of action has arisen, or in 15Chittagong, where B carries on business. (b) A resides at 16Cox's Bazar, B at Dhaka and C at 17Chittagong. A, B and C being together at 18Khulna, B and C make a joint promissiory note payable on demand, and deliver it to A. A may sue B and C 19at Khulna, where the cause of action arose. He may also sue them at Dhaka, where B resides, or at 20Chittagong, where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.",
"name": "Others suits to be instituted where defendants reside or cause of action arises.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 86,
"details": "21. No objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.",
"name": "Objections to jurisdiction.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 86,
"details": "22. Where a suit may be instituted in any one of two or \t22. Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.",
"name": "Power to transfer suits which may be instituted in more than one Court.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 86,
"details": "23.(1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court. (2) Where such Courts are subordinate to different Appellate Courts 21* * *, the application shall be made to the 22* * * High Court Division. (3) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "To what Court application lies.",
"related_acts": "430",
"section_id": 23
},
{
"act_id": 86,
"details": "24.(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage- (a)\ttransfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) \twithdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and (i)\ttry or dispose of the same; or (ii)\ttransfer the same for trial or disposal to any \tCourt subordinate to it and competent to try \tor dispose of the same; or (iii)\tretransfer the same for trial or disposal to \tthe Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.",
"name": "General power of transfer and withdrawal.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 86,
"details": "2324A.(1) Where any suit is transferred under section 22, or any suit, appeal or other proceeding is transferred or withdrawn under sub-section (1) of section 24 on the application of a party, the Court ordering the transfer or withdrawal shall fix a date for the appearance of the parties before itself, if the suit, appeal or other proceeding is to be tried or disposed of by itself, or before the Court to which the case is so transferred. (2) Where any suit, appeal or other proceeding is transferred from one Court to another, otherwise than on the application of a party, the parties thereto shall appear before the Court from which the suit, appeal or other proceedings is to be transferred, on the day already fixed for their appearance before that Court, and such Court shall then communicate the order of transfer to such parties and direct them to appear before the Court to which the suit, appeal or other proceeding is to be transferred, either on the same day, or on such earliest day as may be reasonable having regard to the distance at which the other Court is located.",
"name": "Appearance of parties on transfer of suit, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 86,
"details": "25. Omitted by the Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).",
"name": "Omitted",
"related_acts": "",
"section_id": 26
},
{
"act_id": 86,
"details": "26. Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed",
"name": "Institution of suits.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 86,
"details": "27. Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed.",
"name": "Summons to defendants.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 86,
"details": "28. Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.",
"name": "Omitted",
"related_acts": "430",
"section_id": 29
},
{
"act_id": 86,
"details": "29. Summonses and other processes issued by any Civil or Revenue Court situate outside Bangladesh may be sent to the Courts in Bangladesh and served as if they were summonses issued by such Courts: Provided that the 24Government has by notification in the official Gazette declared the provisions of this section to apply to such Courts.",
"name": "Service of foreign summonses.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 86,
"details": "30. Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,- (a)\tmake such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence; (b)\tissue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid; (c)\torder any fact to be proved by affidavit.",
"name": "Power to order discovery and the like.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 86,
"details": "31. The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.",
"name": "Summons to witness.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 86,
"details": "32. The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may- (a)\tissue a warrant for his arrest; (b)\tattach and sell his property; (c)\timpose a fine upon him not exceeding five hundred Taka; (d)\torder him to furnish security for his appearance and in default commit him to the civil prison.",
"name": "Penalty for default.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 86,
"details": "33. The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.",
"name": "Judgment and decree.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 86,
"details": "34.(1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit. 2) Where such a decree is silent with respect to the payment of further interest on such aggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.",
"name": "Interest",
"related_acts": "",
"section_id": 35
},
{
"act_id": 86,
"details": "35.(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing. (3) The Court may give interest on costs at any rate not exceeding six per cent. per annum, and such interest shall be added to the costs and shall be recoverable as such.",
"name": "Costs",
"related_acts": "",
"section_id": 36
},
{
"act_id": 86,
"details": "2535A.(1) If in any suit or other proceeding, including an execution proceeding, not being an appeal, any party objects to the claim or defence on the ground that the claim or defence, or any part of it, is false or vexatious, and if, thereafter, such claim or defence is disallowed, in whole or in part, the Court shall, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector, such cost by way of compensation which may, without exceeding the limit of the Court's pecuniary jurisdiction, extend upto twenty thousand taka. (2) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him. (3) The amount of any cost awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.",
"name": "Compensatory costs in respect of false or vexatious claims or defences.",
"related_acts": "",
"section_id": 37
},
{
"act_id": 86,
"details": "2635B.(1) If at any stage of a suit or proceeding, an application or written objection is not filed within the time fixed by the Court, such application or written objection, as the case may be, shall not be admitted for hearing without payment by that party of such cost to the other party not exceeding two thousand taka. (2) If after filing of written statement, any party to the suit makes an application in respect of any matter which, in the opinion of the Court, could and ought to have been made earlier, and is likely to delay the main proceeding of the suit, the Court may admit, but shall not hear and dispose of the application, without payment by that party of such cost to the other party not exceeding three thousand taka, as it shall determine and direct, and upon failure to pay the cost, the application shall stand rejected.",
"name": "Cost for delay in making applications, etc., in respect of interlocutory matters.",
"related_acts": "",
"section_id": 38
},
{
"act_id": 86,
"details": "36. The provisions of this Code relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders.",
"name": "Application to orders.",
"related_acts": "",
"section_id": 39
},
{
"act_id": 86,
"details": "37. The expression \"Court which passed a decree,\" or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include,- (a)\twhere the decree to be executed has been passed in the exercise of appellate jurisdiction, the Court of first instance, and (b)\twhere the Court of first instance has ceased to exist or to have jurisdiction to execute it, the Court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit.",
"name": "Definition of Court which passed a decree.",
"related_acts": "",
"section_id": 40
},
{
"act_id": 86,
"details": "38. A decree may be executed either by the Court which passed it, or by the Court to which it is sent for execution.",
"name": "Court by which decree may be executed.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 86,
"details": "39.(1) The Court which passed a decree may, on the application of the decree-holder, send it for execution to another Court,- (a)\tif the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b)\tif such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or (c)\tif the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or (d)\tif the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court. (2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.",
"name": "Transfer of decree.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 86,
"details": "40. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 43
},
{
"act_id": 86,
"details": "41. The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same the circumstances attending such failure.",
"name": "Result of execution proceedings to be certified.",
"related_acts": "",
"section_id": 44
},
{
"act_id": 86,
"details": "42.(1) The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. (2) Without prejudice to the generality of the foregoing provision, the Court executing a decree sent to it shall have the following powers, namely:- (a)\tpower under section 39 to transfer the decree to another Court, if necessary; (b)\tpower under sub-section (1) of section 50 to permit execution to proceed against the legal representatives of a deceased judgment-debtor; (c)\tpower under section 152 to correct clerical or arithmetical errors; (d)\tpower under rule 16 of Order XXI to recognise the assignment of a decree; (e)\tpower under sub-rule (2) of rule 50 of Order XXI to grant leave to a decree-holder to proceed against a person not already recognised as a partner in a firm in an execution proceeding against the firm; (f)\tpower under clause (b) of sub-rule (1) of rule 53 of Order XXI to give notice of attachment of decree passed by another Court.",
"name": "Powers of Court in executing transferred decree.",
"related_acts": "",
"section_id": 45
},
{
"act_id": 86,
"details": "43.\tAny decree passed by a Civil Court established in any area in Bangladesh to which the provisions relating to execution do not extend, 27* * * may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in manner herein provided within the jurisdiction of any Court in Bangladesh.",
"name": "Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory.",
"related_acts": "",
"section_id": 46
},
{
"act_id": 86,
"details": "44. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 47
},
{
"act_id": 86,
"details": "2844A.(1) Where a certified copy of a decree of any of the superior Courts of 29* * * any reciprocating territory has been filed in a District Court, the decree may be executed in Bangladesh as if it had been passed by the District Court. (2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. (3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. 30* * * Explanation 2.- \"Reciprocating territory\" means 31any country or territory as the Government may, from time to time, by notification in the official Gazette, declare to be reciprocating territory for the purposes of this section; and \"Superior Courts\", with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 3.- \"Decree\", with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, and 32* * * (b) \tin no case includes an arbitration award, even if such award is enforceable as a decree or judgment.",
"name": "Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 86,
"details": "45. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 49
},
{
"act_id": 86,
"details": "46.(1) Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept. (2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree: Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.",
"name": "Precepts",
"related_acts": "",
"section_id": 50
},
{
"act_id": 86,
"details": "47. Omitted by section 3 of the Code of Civil Procedure (Amendment) Ordinance, 1983 (Ordinance No. XLVIII of 1983).",
"name": "Omitted",
"related_acts": "",
"section_id": 51
},
{
"act_id": 86,
"details": "48.(1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of twelve years from (a)\tthe date of the decree sought to be executed, or, (b)\twhere the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree. (2) \tNothing in this section shall be deemed (a)\tto preclude the Court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application; or (b)\tto limit or otherwise affect the operation of article 183 of the First Schedule to the Limitation Act, 1908.",
"name": "Execution barred in certain cases.",
"related_acts": "88",
"section_id": 52
},
{
"act_id": 86,
"details": "49. Every transferee of a decree shall hold the same subject to the equities (if any) which the judgment-debtor might have enforced against the original decree-holder.",
"name": "Transferee",
"related_acts": "",
"section_id": 53
},
{
"act_id": 86,
"details": "50.(1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased. (2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.",
"name": "Legal representative",
"related_acts": "",
"section_id": 54
},
{
"act_id": 86,
"details": "51. Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution of the decree- (a)\tby delivery of any property specifically decreed; (b)\tby attachment and sale or by sale without attachment of any property; (c)\tby arrest and detention in prison; (d)\tby appointing a receiver; or (e)\tin such other manner as the nature of the relief granted may require: Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied- (a)\tthat the judgment-debtor, with the object or effect of obstructing or delaying the execution of the decree,- (i)\tis likely to abscond or leave the local limits \tof the jurisdiction of the Court, or (ii)\thas, after the institution of the suit in which \tthe decree was passed, dishonestly \ttransferred, concealed, or removed any part \tof his property, or committed any other act \tof bad faith in relation to his property; or (b)\tthat the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or (c)\tthat the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to account. Explanation.-In the calculation of the means of the judgment-debtor for the purposes of clause (b), there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree.",
"name": "Powers of Court to enforce execution.",
"related_acts": "",
"section_id": 55
},
{
"act_id": 86,
"details": "52.(1) Where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property. (2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to satisfy the Court in the same manner as if the decree had been against him personally.",
"name": "Enforcement of decree against legal representative.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 86,
"details": "53. For the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.",
"name": "Liability of ancestral property.",
"related_acts": "",
"section_id": 57
},
{
"act_id": 86,
"details": "54. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates.",
"name": "Partition of estate or separation of share.",
"related_acts": "",
"section_id": 58
},
{
"act_id": 86,
"details": "55.(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may be in the civil prison of the district in which the Court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the Government may appoint for the detention of persons ordered by the Courts of such district to be detained: Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be entered after sunset and before sunrise: Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found: Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgement-debtor and who according to the customs of the country does not appear in public, the officer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him. (2) The Government may, by notification in the official Gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the Government in this behalf. (3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force. (4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court may release him from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit him to the civil prison in execution of the decree.",
"name": "Arrest and detention.",
"related_acts": "",
"section_id": 59
},
{
"act_id": 86,
"details": "56. Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.",
"name": "Prohibition of arrest or detention of women in execution of decree for money.",
"related_acts": "",
"section_id": 60
},
{
"act_id": 86,
"details": "57. The Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.",
"name": "Subsistence allowance.",
"related_acts": "",
"section_id": 61
},
{
"act_id": 86,
"details": "58.(1) Every person detained in the civil prison in execution of a decree shall be so detained,- (a)\twhere the decree is for the payment of a sum of money exceeding fifty Taka, for a period of six months, and, (b)\tin any other case for a period of six weeks: Provided that he shall be released from such detention before the expiration of the said period of six months or six weeks, as the case may be,- (i)\ton the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or (ii)\ton the decree against him being otherwise fully satisfied, or (iii)\ton the request of the person on whose application he has been so detained, or (iv)\ton the omission by the person, on whose application he has been so detained, to pay subsistence allowance: Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court. (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.",
"name": "Detention and release.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 86,
"details": "59.(1) At any time after a warrant for the arrest of a judgment-debtor has been issued the Court may cancel it on the ground of his serious illness. (2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison. (3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom- (a)\tby the Government, on the ground of the existence of any infectious or contagious disease, or (b)\tby the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering from any serious illness. (4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by section 58.",
"name": "Release on ground of illness.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 86,
"details": "60.(1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, moveable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf:\tProvided that the following particulars shall not be liable to such attachment or sale, namely:- (a)\tthe necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b)\ttools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section; (c)\thouses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him; (d)\tbooks of account; (e)\ta mere right to sue for damages; (f)\tany right of personal service; (g)\tstipends and gratuities allowed to pensioners of the Government, or payable out of any service family pension fund notified in the official Gazette by the Government or the Government in this behalf, and political pensions; (h)\tthe wages of labourers and domestic servants, whether payable in money or in kind; (i)\tsalary to the extent of the first hundred Taka and one-half the remainder: Provided that where such salary is the salary of a Servant of the 33Republic or a servant of 34the Railway or local authority, and the whole or any part of the portion of such salary liable to attachment has been under attachment, whether continuously or intermittently for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months and, where such attachment has been made in execution of one and the same decree, shall be finally exempt from attachment in execution of that decree; (j)\tthe pay and allowances of persons to whom the 35Army Act, 1952, Navy Ordinance, 1961, or the Air Force Act, 1953, applies; (k)\tall compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1925, for the time being applies in so far as they are declared by the said Act not to be liable to attachment; (l)\tany allowance forming part of the emoluments of any servant of the 36Republic or of any servant of 37the Railway or local authority which the Government may by notification in the official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension; (m)\tan expectancy of succession by survivorship or other merely contingent or possible right or interest; (n)\ta right to future maintenance; (o)\tany allowance declared by any Bangladesh law to be exempt from liability to attachment or sale in execution of a decree; and, (p)\twhere the judgment-debtor is a person liable for the payment of land-revenue, any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue. Explanation 1.-The particulars mentioned in clauses (g), (h), (i), (j), (l) and (o) are exempt from attachment or sale whether before or after they are actually payable, and in the case of salary other than salary of a servant of the 38Republic or a servant of 39the Railway or local authority the attachable portion thereof is exempt from attachment until it is actually payable. Explanation 2.-In clauses (h) and (i), \"salary\" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (l), derived by a person from his employment whether on duty or on leave. 40* * * (2) Nothing in this section shall be deemed to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land.",
"name": "Property liable to attachment and sale in execution of decree.",
"related_acts": "248,310,256,136",
"section_id": 64
},
{
"act_id": 86,
"details": "61. The Government may, by general or special order published in the official Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree.",
"name": "Partial exemption of agricultural produce.",
"related_acts": "",
"section_id": 65
},
{
"act_id": 86,
"details": "62.(1) No person executing any process under this Code directing or authorising seizure of movable property shall enter any dwelling-house after sunset and before sunrise. (2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwelling-house, he may break open the door of any room in which he has reason to believe any such property to be. (3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.",
"name": "Seizure of property in dwelling-house.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 86,
"details": "63.(1) Where property not in the custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first attached. (2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such decrees.",
"name": "Property attached in execution of decrees of several Courts.",
"related_acts": "",
"section_id": 67
},
{
"act_id": 86,
"details": "64. Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment. Explanation.-For the purposes of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.",
"name": "Private alienation of property after attachment to be void.",
"related_acts": "",
"section_id": 68
},
{
"act_id": 86,
"details": "65. Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.",
"name": "Purchaser's title",
"related_acts": "",
"section_id": 69
},
{
"act_id": 86,
"details": "66.(1) No suit shall be maintained against any person claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims. (2) \tNothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.",
"name": "Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 86,
"details": "67.(1) The Government may, by notification in the official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interests are so uncertain or undermined as, in the opinion of the Government, to make it impossible to fix their value. (2) When on the date on which this Code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the Government may, by notification in the official Gazette, declare such rules to be in force, or may, by a like notification, modify the same. Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so continued or modified.",
"name": "Power for Government to make rules as to sales of land in execution of decrees for payment of money.",
"related_acts": "",
"section_id": 71
},
{
"act_id": 86,
"details": "68. The Government may, declare, by notification in the official Gazette, that in any local area the execution of decrees in cases in which a Court has ordered any immovable property to be sold, or the execution of any particular kind of such decrees, or the execution of decrees ordering the sale of any particular kind of, or interest in, immovable property, shall be transferred to the Collector.",
"name": "Power to prescribe rules for transferring to Collector execution of certain decrees.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 86,
"details": "69. The provisions set forth in the Third Schedule shall apply to all cases in which the execution of a decree has been transferred under the last preceding section.",
"name": "Provisions of Third Schedule to apply.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 86,
"details": "70.(1) The Government may make rules consistent with the aforesaid provisions- (a)\tfor the transmission of the decree from the Court to the Collector, and for regulating the procedure of the Collector and his subordinates in executing the same, and for retransmitting the decree from the Collector to the Court; (b)\tconferring upon the Collector or any gazetted subordinate of the Collector all or any of the powers which the Court might exercise in the execution of the decree if the execution thereof had not been transferred to the Collector; (c)\tproviding for orders made by the Collector or any gazetted subordinate of the Collector, or orders made on appeal with respect to such orders, being subject to appeal to, and revision by, superior revenue-authorities as nearly as may be as the orders made by the Court, or orders made on appeal with respect to such orders, would be subject to appeal to, and revision by, appellate or revisional Courts under this Code or other law for the time being in force if the decree had not been transferred to the Collector.",
"name": "Rules of procedure.",
"related_acts": "",
"section_id": 74
},
{
"act_id": 86,
"details": "(2) A power conferred by rules made under sub-section (1) upon the collector or any gazetted subordinate of the Collector, or upon any appellate or revisional authority, shall not be exercisable by the Court or by any Court in exercise of any appellate or revisional jurisdiction which it has with respect to decrees or orders of the Court.",
"name": "",
"related_acts": "",
"section_id": 75
},
{
"act_id": 86,
"details": "71. In executing a decree transferred to the Collector under section 68 the Collector and his subordinates shall be deemed to be acting judicially.",
"name": "Collector deemed to be acting judicially.",
"related_acts": "",
"section_id": 76
},
{
"act_id": 86,
"details": "72.(1) Where in any local area in which no declaration under section 68 is in force the property attached consists of land or of a share in land, and the Collector represents to the Court that the public sale of the land or share is objectionable and that satisfaction of the decree may be made within a reasonable period by a temporary alienation of the land or share, the Court may authorise the Collector to provide for such satisfaction in the manner recommended by him instead of proceeding to a sale of the land or share. (2) In every such case the provisions of sections 69 to 71 and of any rules made in pursuance thereof shall apply so far as they are applicable.",
"name": "Where Court may authorise Collector to stay public sale of land.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 86,
"details": "73.(1) Where assets are held by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons: Provided as follows:- (a)\twhere any property is sold subject to a mortgage or charge, the mortgagee or incumbrancer shall not be entitled to share in any surplus arising from such sale; (b)\twhere any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold; (c)\twhere any immovable property is sold in execution of a decree ordering its sale for the discharge of an incumbrance thereon, the proceeds of sale shall be applied- firstly, in defraying the expenses of the sale; secondly, in discharging the amount due under the decree; thirdly, in discharging the interest and principal monies due on subsequent incumbrances (if any); and fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof. (2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. (3) Nothing in this section affects any right of the Government.",
"name": "Proceeds of execution-sale to be rateably distributed among decree-holders.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 86,
"details": "74. Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.",
"name": "Resistance to execution.",
"related_acts": "",
"section_id": 79
},
{
"act_id": 86,
"details": "75. Subject to such conditions and limitations as may be prescribed, the Court may issue a commission- (a)\tto examine any person; (b)\tto make a local investigation; (c)\tto examine or adjust accounts; or (d)\tto make a partition.",
"name": "Power of Court to issue commissions.",
"related_acts": "",
"section_id": 80
},
{
"act_id": 86,
"details": "76.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 81
},
{
"act_id": 86,
"details": "77. In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within Bangladesh.",
"name": "Letter of request.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 86,
"details": "78. Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of- (a)\tCourts situate beyond the limits of Bangladesh and established or continued by the authority of Government, or 41* * * (c)\tCourts of any State or country outside Bangladesh.",
"name": "Commissions issued by foreign Courts.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 86,
"details": "79. In a suit by or against the Government the authority to \t79. In a suit by or against the Government the authority to be named as plaintiff or defendant, as the case may be, 42shall be Bangladesh- 43* * *",
"name": "Suits by or against the Government.",
"related_acts": "",
"section_id": 84
},
{
"act_id": 86,
"details": "80.(1) A suit may be instituted against the Government or against a public officer, in respect of any act purporting to be done by such public officer in his official capacity, after the expiration of two months next after notice in writing has been delivered to or left at the office of,- 44* * * (b)(i) in the case of a suit against the Government other than a suit relating to the affairs of 45the Railway, a Secretary to 46the Government or the Collector of the District; and (ii)\tin the case of a suit against the Government relating to the affairs of 47the Railway, the General Manager of the Railway 48* * *, and in the case of a public officer, delivered to him or left at his office stating the cause of action, the name, description of place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left. (2) Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of two months or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached or the Government or the public officer concedes the plaintiff's claim, within the period of two months from the date of the institution of the suit: Provided that in a suit instituted without such notice, the Court shall allow not less than three months to the Government to submit its written statement.",
"name": "Notice",
"related_acts": "",
"section_id": 85
},
{
"act_id": 86,
"details": "81. In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity- (a)\tthe defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and, (b)\twhere the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.",
"name": "Exemption from arrest and personal appearance.",
"related_acts": "",
"section_id": 86
},
{
"act_id": 86,
"details": "82.(1) Where the decree is against the Government or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the Government. (2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such report.",
"name": "Execution of decree.",
"related_acts": "",
"section_id": 87
},
{
"act_id": 86,
"details": "83.(1) Alien enemies residing in Bangladesh with the permission of the Government, and alien friends, may sue in the Courts in 49Bangladesh, as if they were citizens of 50Bangladesh. (2) No alien enemy residing in Bangladesh without such permission, or residing in a foreign country, shall sue in any of such Courts. Explanation.-Every person residing in a foreign country the Government of which is at war with, or engaged in military operations against, Bangladesh, and carrying on business in that country without a license in that behalf under the hand of a Secretary to the Government shall, for the purpose of sub-section (2), be deemed to be an alien enemy residing in a foreign country.",
"name": "When aliens may sue.",
"related_acts": "",
"section_id": 88
},
{
"act_id": 86,
"details": "84.(1) A foreign State may sue in any Court in 51Bangladesh: Provided that such State has been recognized by the Government: Provided, also, that the object of the suit is to enforce a private right vested in the head of such State or in any officer of such State in his public capacity. (2) Every Court shall take judicial notice of the fact that a foreign State has or has not been recognized by the Government.",
"name": "When foreign States may sue.",
"related_acts": "",
"section_id": 89
},
{
"act_id": 86,
"details": "85.(1) Persons specially appointed by order of the Government at the request of the Ruler of any foreign State, or at the request of any person competent, in the opinion of the Government, to act on behalf of such Ruler, to prosecute or defend any suit on his behalf, shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of the Ruler. (3) A person appointed under this section may authorise or appoint persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.",
"name": "Persons specially appointed by Government to prosecute or defend for Rules of foreign States.",
"related_acts": "",
"section_id": 90
},
{
"act_id": 86,
"details": "5286.(1) Any Ruler of foreign State may, with the consent of the Government, certified by the signature of a Secretary to that Government but not without such consent, be sued in any competent Court. (2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which the Ruler may be sued; but it shall not be given unless it appears to the consenting authority that the Ruler (a)\thas instituted a suit in the Court against the person desiring to sue him, or (b)\tby himself or another trades within the local limits of the jurisdiction of the Court, or (c)\tis in possession of immovable property situated within those limits and is to be sued with reference to such property or for money charged thereon. (3) No such Ruler shall be arrested under this Code, and, except with the consent of the Government certified as aforesaid, on decree shall be executed against the property of any such Ruler. (4) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (5) A person may, as a tenant of immovable property, sue, without such consent as is mentioned in this section, a Ruler from whom he holds or claims to hold the property.",
"name": "Suits against Rulers.",
"related_acts": "430",
"section_id": 91
},
{
"act_id": 86,
"details": "86A.(1) No proceeding in any Court shall lie against a diplomatic agent except in a case relating to- (a) any private immovable property situated in Bangladesh held by him in his private capacity and not on behalf of the sending State for the purpose of the mission; (b) a succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) any professional or commercial activity exercised by the diplomatic agent in Bangladesh outside his official functions. (2) No measures of execution shall be taken in respect of a diplomatic agent except in cases which come under clauses (a), (b) and (c) of sub-section (1) and in which such measures can be taken without infringing the inviolability of his person or of his residence. (3) The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from invoking immunity from jurisdiction under this section in respect of any counter-claim directly connected with the principal claim. (4) The immunity of a diplomatic agent under sub- (4) The immunity of a diplomatic agent under sub-section (1) or sub-section (2) may be waived by the sending State; and any such waiver shall be express. (5) Waiver of immunity in respect of any proceedings shall not be held to imply waiver of immunity in respect of any measure of execution for which a separate waiver shall be necessary. (6) In this section, 'diplomatic agent' in relation to a State means the head of the mission in Bangladesh of that State and includes a member of the staff of that mission having diplomatic rank.",
"name": "Suits against diplomatic agents.",
"related_acts": "",
"section_id": 92
},
{
"act_id": 86,
"details": "87. The Ruler of a foreign State may sue, and shall be sued, in the name of his State: Provided that in giving the consent referred to in the foregoing section the Government, or the Government, as the case may be, may direct that any such Ruler shall be sued in the name of an agent or in any other name.",
"name": "Style of Rulers as parties to suits.",
"related_acts": "",
"section_id": 93
},
{
"act_id": 86,
"details": "87A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 94
},
{
"act_id": 86,
"details": "88. Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself: Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.",
"name": "Where interpleader suit may be instituted.",
"related_acts": "",
"section_id": 95
},
{
"act_id": 86,
"details": "89. Omitted by section 49 and Third Schedule of the Arbitration Act, 1940 (Act No. X of 1940).",
"name": "Omitted",
"related_acts": "",
"section_id": 96
},
{
"act_id": 86,
"details": "89B.(1) If the parties to a suit, at any stage of the proceeding, apply to the Court for withdrawal of the suit on ground that they will refer the dispute or disputes in the suit to arbitration for settlement, the Court shall allow the application and permit the suit to be withdrawn; and the dispute or disputes, thereafter, shall be settled in accordance with Salish Ain, 2001 (Act No. 1 of 2001) so far as may be applicable: Provided that, if, for any reason, the arbitration proceeding referred to above does not take place or an arbitral award is not given, the parties shall be entitled to re-institute the suit permitted to be withdrawn under this sub-section. (2) An application under sub-section (1) shall be deemed to be an arbitration agreement under section 9 of the Salish Ain, 2001 (Act No. 1 of 2001).",
"name": "Arbitration",
"related_acts": "",
"section_id": 97
},
{
"act_id": 86,
"details": "5389A.(1) Except in a suit under the 54Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003), after filing of written statement, if all the contesting parties are in attendance in the Court in person or by their respective pleaders, 55the Court shall, by adjourning the hearing, mediate in order to settle the dispute or disputes in the suit, or refer the dispute or disputes in the suit 56to the concerned Legal Aid Officer appointed under the Legal Aid Act, 2000 (Act No. 6 of 2000), or to the engaged pleaders of the parties, or to the party or parties, where no pleader or pleaders have been engaged, or to a mediator from the panel as may be prepared by the District Judge under sub-section (10), for undertaking efforts for settlement through mediation. 57***} (2) When the reference under sub-section (1) is made through the pleaders, the pleaders shall, by their mutual agreement in consultation with their respective clients, appoint another pleader, not engaged by the parties in the suit, or a retired judge, or a mediator from the panel as may be prepared by the District Judge under sub-section (10), or any other person whom they may seem to be suitable, to act as a mediator for settlement:\tProvided that, nothing in this sub-section shall be deemed to prohibit appointment of more than one person to act as mediator: Provided further that, a person holding an office of profit in the service of the Republic shall not be eligible for appointment as mediator. 58(3) While referring a dispute or disputes in the suit for mediation under sub-section (1), it shall be for the pleaders, their respective clients and the mediator to mutually agree on and determine the fees and the procedure to be followed for the purpose of settlement through mediation; and when the Court 59 or Legal Aid Officer shall mediate, it shall determine the procedure to be followed, and shall not charge any fee for mediation: Provided that if the pleaders, their respective clients and the mediator fail to determine the fees, the Court shall fix the fees and the fees so fixed shall be binding upon the parties. 60(4) Within ten days from the date of reference under sub-section (1), the parties shall inform the Court in writing whom they have appointed as mediator, and if the parties fail to appoint the mediator during this time, the Court shall, within seven days, appoint a mediator from the panel as mentioned in sub-section (10) and the mediation under this section shall be concluded within 60 (sixty) days from the day on which the Court is so informed, 61or the dispute or disputes are referred to Legal Aid Officer, or a mediator is appointed by the Court, as the case may be, unless the Court of its own motion or upon a joint prayer of the parties, extends the time for a further period of not exceeding 30 (thirty) days. 62(5) The 63 Legal Aid Officer or mediator, as the case may be, shall, without violating the confidentiality of the parties to the mediation proceedings, submit to the court a report of result of the mediation proceedings; and if the result is of compromise of the dispute or disputes in the suit, the terms of such compromise shall be reduced into writing in the form of an agreement, bearing signatures or left thumb impressions of the parties as executants, and signatures of the pleaders, if any, and the 64 Legal Aid Officer or mediator, as the case may be, as witnesses; and the Court shall, within seven days from receiving the said report, pass an order or a decree in accordance with relevant provisions of Order XXIII of the Code. (6) When the Court itself mediates, it shall 65prepare a report and pass an order in the manner to that as stated in sub-section (5). (7) When the mediation fails to produce any compromise, the Court shall, subject to the provision of sub-section (9), proceed with hearing of the suit from the stage at which the suit stood before the decision to mediate or reference for mediation under sub-section (1), and in accordance with provisions of the Code in a manner as if there had been no decision to mediate or reference for mediation as aforesaid. (8) The proceedings of mediation under this section shall be confidential and any communication made, evidence adduced, admission, statement or comment made and conversation held between the parties, their pleaders, representatives 66, Legal Aid Officer and the mediator, shall be deemed privileged and shall not be referred to and admissible in evidence in any subsequent hearing of the same suit or any other proceeding. (9) When a mediation initiative led by the Court itself fails to resolve the dispute or disputes in the suit, the same court shall not hear the suit, if the Court continues to be presided by the same judge who led the mediation initiative; and in that instance, the suit shall be heard by another court of competent jurisdiction. (10) For the purposes of this section, the District Judge shall, in consultation with the President of the District Bar Association, prepare a panel of mediators (to be updated from time to time) consisting of pleaders, retired judges, persons known to be trained in the art of dispute resolution, and such other person or persons, except persons holding office of profit in the service of the Republic, as may be deemed appropriate for the purpose, and shall inform all the Civil Courts under his administrative jurisdiction about the panel: Provided that, a mediator under this sub-section, shall not act as a mediator between the parties, if he had ever been engaged by either of the parties as a pleader in any suit in any Court. (11) Notwithstanding anything contained in the Court-fees Act, 1870 (Act No. VII of 1870), where a dispute or disputes in a suit are settled on compromise under this section, the Court shall issue a certificate directing refund of the court fees paid by the parties in respect of the plaint or written statement; and the parties shall be entitled to such refund within 60 (sixty) days of the issuance of the certificate. (12) No appeal or revision shall lie against any order or decree passed by the Court in pursuance of settlement between the parties under this section. (13) Nothing in this section shall be deemed to otherwise limit the option of the parties regarding withdrawal, adjustment and compromise of the suit under Order XXIII of the Code. Explanation-(1) \"Mediation\" under this section shall mean flexible, informal, non-binding, confidential, non-adversarial and consensual dispute resolution process in which the mediator shall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise. (2) \"Compromise\" under this section shall include also compromise in part of the disputes in the suit.",
"name": "Mediation",
"related_acts": "21",
"section_id": 98
},
{
"act_id": 86,
"details": "6789C.(1) An Appellate Court 68shall mediate in an appeal or refer the appeal for mediation in order to settle the dispute or disputes in that appeal, if the appeal is an appeal from original decree under Order XLI, and is between the same parties who contested in the original suit or the parties who have been substituted for the original contesting parties. 69(2) In mediation under sub-section (1), the provisions of section 89A shall be followed with necessary changes (mutatis mutandis) as may be expedient.",
"name": "Mediation in Appeal.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 86,
"details": "7089D. The Contesting parties to a suit or of an appeal, pending in any Court before the commencement of the Code of Civil Procedure (Amendment) Act, 2012, may by filing an application stating their willingness to settle the dispute through mediation, such suit or appeal shall be disposed of in accordance with the provision of section 89A or 89C.",
"name": "Special provisions for mediation",
"related_acts": "",
"section_id": 100
},
{
"act_id": 86,
"details": "89E. (1) The provision of section 89A or 89C shall be, applied to such area, and commenced on such date, as the government may, by notification in the official Gazette, fix. (2) Where any mediation process for settlement of dispute in respect of any suit or appeal is pending under section 89A or 89C before the commencement of the Code of Civil Procedure (Amendment) Act, 2012, such mediation shall continue as if the provision of section 89A or 89C were not amended by the Code of Civil Procedure (Amendment) Act, 2012.",
"name": "Application and commencement of the provisions of sections 89A and 89C",
"related_acts": "",
"section_id": 101
},
{
"act_id": 86,
"details": "90. Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.",
"name": "Power to state case for opinion of Court.",
"related_acts": "",
"section_id": 102
},
{
"act_id": 86,
"details": "91.(1) In the case of a public nuisance the 71Attorney General, or two or more persons having obtained the consent in writing of the 72Attorney General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case. (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.",
"name": "Public nuisances",
"related_acts": "",
"section_id": 103
},
{
"act_id": 86,
"details": "92.(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the 73Attorney General, or two or more persons having an interest in the trust and having obtained the consent in writing of the 74Attorney General, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate, to obtain a decree- (a)\tremoving any trustee; (b)\tappointing a new trustee; (c)\tvesting any property in a trustee; (d)\tdirecting accounts and inquiries; (e)\tdeclaring what proportion of the trust-property or of the interest therein shall be allocated to any particular object of the trust; (f)\tauthorising the whole or any part of the trust- property to be let, sold, mortgaged or exchanged; (g)\tsetting a scheme; or (h)\tgranting such further or other relief as the nature of the case may require. (2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section.",
"name": "Public charities",
"related_acts": "",
"section_id": 104
},
{
"act_id": 86,
"details": "93. The powers conferred by sections 91 and 92 on the Attorney General may, be, with the previous sanction of the Government, exercised also by the Collector or by such officer as the Government may appoint in this behalf.",
"name": "Exercise of powers of Attorney General.",
"related_acts": "",
"section_id": 105
},
{
"act_id": 86,
"details": "94. In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,- (a) issue a warrant to arrest the defendant and bring him\tbefore the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; (b)\tdirect the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (c)\tgrant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold; (d)\tappoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; (e)\tmake such other interlocutory orders as may appear to the Court to be just and convenient.",
"name": "Supplemental proceedings",
"related_acts": "",
"section_id": 106
},
{
"act_id": 86,
"details": "95.(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last proceeding section,- (a)\tit appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or (b)\tthe suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting the same, the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount, not exceeding 75ten thousand Taka, as it deems a reasonable compensation to the defendant for the expense or injury caused to him: Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. (2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.",
"name": "Compensation for obtaining arrest, attachment or injunction on insufficient grounds.",
"related_acts": "",
"section_id": 107
},
{
"act_id": 86,
"details": "96.(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court. (2) An appeal may lie from an original decree passed ex parte. (3) No appeal shall lie from a decree passed by the Court with the consent of parties.",
"name": "Appeal from original decree.",
"related_acts": "",
"section_id": 108
},
{
"act_id": 86,
"details": "97. Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.",
"name": "Appeal from final decree where no appeal from preliminary decree.",
"related_acts": "",
"section_id": 109
},
{
"act_id": 86,
"details": "98.(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges. (2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed: Provided that where the Bench hearing the appeal is composed of two Judges belonging to a Court consisting of more than two Judges, and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it. (3) \tNothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of High Court Division.",
"name": "Decision where appeal heard by two or more Judges.",
"related_acts": "",
"section_id": 110
},
{
"act_id": 86,
"details": "99. \tNo decree shall be reserved or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.",
"name": "No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.",
"related_acts": "",
"section_id": 111
},
{
"act_id": 86,
"details": "100-103. Omitted by section 2 and Schedule of the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978).",
"name": "Omitted",
"related_acts": "579",
"section_id": 112
},
{
"act_id": 86,
"details": "104.(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders: 76* * * 77(ff)\tan order under section 35A; (g)\tan order under section 95; (h)\tan order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree; (i)\tany order made under rules from which an appeal is expressly allowed by rules: Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made. (2) No appeal shall lie from any order passed in appeal under this section.",
"name": "Orders from which appeal lies.",
"related_acts": "",
"section_id": 113
},
{
"act_id": 86,
"details": "105.(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. (2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand made after the commencement of this Code from which an appeal lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.",
"name": "Other orders",
"related_acts": "",
"section_id": 114
},
{
"act_id": 86,
"details": "106. Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court not being the High Court Division in the exercise of appellate jurisdiction, then to the High Court Division.",
"name": "What Courts to hear appeals.",
"related_acts": "",
"section_id": 115
},
{
"act_id": 86,
"details": "107. (1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power- (a)\tto determine a case finally; (b)\tto remand a case; (c)\tto frame issues and refer them for trial; (d)\tto take additional evidence or to require such evidence to be taken. (2) Subject as aforesaid, the appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.",
"name": "Powers of Appellate Court.",
"related_acts": "",
"section_id": 116
},
{
"act_id": 86,
"details": "108. The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals- (a)\tfrom appellate decrees, and (b)\tfrom orders made under this Code or under any special 78* * * law in which a different procedure is not provided.",
"name": "Procedure in appeals from appellate decrees and orders.",
"related_acts": "",
"section_id": 117
},
{
"act_id": 86,
"details": "109. Subject to such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of Bangladesh, and to the provisions hereinafter contained, an appeal shall lie to the 79Appellate Division (a)\tfrom any Judgment, decree or final order passed on appeal by the High Court Division or by any other Court of final appellate jurisdiction; (b)\tfrom any Judgment, decree or final order passed by the High Court Division in the exercise of original civil jurisdiction; and (c)\tfrom any Judgment, decree or final order, when the case, as hereinafter provided, is certified to be a fit one for appeal to the 80Appellate Division.",
"name": "When appeals lie to the Supreme Court.",
"related_acts": "",
"section_id": 118
},
{
"act_id": 86,
"details": "110. In each of the cases mentioned in clauses (a) and (b) of section 109, the amount or value of the subject-matter of the suit in the Court of first instance must be twenty thousand Taka or upwards, and the amount or value of the subject-matter of the suit in the Court of first instance must be twenty thousand Taka or upwards, and the amount or value of the subject-matter in dispute on appeal to the 81Appellate Division must be the same sum or upwards, or the Judgment, decree or final order must involve, directly or indirectly, some claim or question to or respecting property of like amount or value, and where the Judgment, decree or final order appealed from affirms the decision of the Court immediately below the Court passing such Judgment, decree or final order, the appeal must involve some substantial question of law.",
"name": "Value of subject-matter.",
"related_acts": "",
"section_id": 119
},
{
"act_id": 86,
"details": "111. Notwithstanding anything contained in section 109, no appeal shall lie to the 82Appellate Division- (a)\tfrom the decree or order of one Judge of the High Court Division, or of one Judge of a Division Court, or of two or more Judges of High Court Division, or of a Division Court constituted by two or more Judges of High Court Division, where such Judges are equally divided in opinion and do not amount in number to a majority of the whole of the Judges of the High Court Division at the time being; or 83* * *",
"name": "Bar of certain appeals.",
"related_acts": "",
"section_id": 120
},
{
"act_id": 86,
"details": "111A. Omitted by section 2 of the Federal Court Act, 1941 (Act No. XXI of 1941).",
"name": "111A\tOmitted",
"related_acts": "",
"section_id": 121
},
{
"act_id": 86,
"details": "112.(1) Nothing contained in this Code shall be deemed- (a)\tto affect the powers of the 84Appellate Division under article 103 of the Constitution of the People's Republic of Bangladesh or any other provision of that Constitution; or (b)\tto interfere with any rules made by the Supreme Court, and for the time being in force, for the presentation of appeals 85to the Appellate Division, or their conduct 86before that Division. (2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction, or to appeals from orders and decrees of Prize Courts.",
"name": "Savings",
"related_acts": "",
"section_id": 122
},
{
"act_id": 86,
"details": "113. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court Division, and the High Court Division may make such order thereon as it thinks fit.",
"name": "Reference of High Court Division.",
"related_acts": "",
"section_id": 123
},
{
"act_id": 86,
"details": "114. Subject as aforesaid, any person considering himself aggrieved- (a)\tby a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred, (b)\tby a decree or order from which no appeal is allowed by this Code, or (c)\tby a decision on a reference from a Court of Small Causes may apply for a view of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.",
"name": "Review",
"related_acts": "",
"section_id": 124
},
{
"act_id": 86,
"details": "87115.(1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceedings, in which a decree or an order has been passed by a Court of District Judge or Additional District Judge, or a decree has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit or proceedings, as it thinks fit. (2) The Court of District Judge may, on the application of any party aggrieved, call for the record of any suit or proceeding, in which an order has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeals lies; and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, the Court of District Judge may, revise such order and, make such order as it thinks fit. (3) A Court of Additional District Judge shall have all the powers of the District Judge under sub-section (2) in respect of revision case which may be transferred to it by the District Judge. (4) An application to the High Court Division for revision of an order of the District Judge or, Additional District Judge, as the case may be, made under sub-section (2) or (3) shall lie, where the High Court Division grants leave for revision on an \t(4) An application to the High Court Division for revision of an order of the District Judge or, Additional District Judge, as the case may be, made under sub-section (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice, and the High Court Division may make such order in the suit or proceeding as it thinks fit. (5) Notwithstanding the substitution of this section, any proceeding commenced and pending under section 115 prior to such substitution shall be disposed of in such manner as if section 115 has not been substituted.",
"name": "Revision",
"related_acts": "",
"section_id": 125
},
{
"act_id": 86,
"details": "116. This Part applies only to High Court Division.",
"name": "Part to apply only to certain High Court Division.",
"related_acts": "",
"section_id": 126
},
{
"act_id": 86,
"details": "117. Save as provided in this Part or in Part X or in rules, the provisions of this Code shall apply to High Court Division.",
"name": "Application of Code to High Court Division.",
"related_acts": "",
"section_id": 127
},
{
"act_id": 86,
"details": "118. Where any High Court Division considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.",
"name": "Execution of decree before ascertainment of costs.",
"related_acts": "",
"section_id": 128
},
{
"act_id": 86,
"details": "119. Nothing in this Code shall be deemed to authorise any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorised him so to do, or to interfere with the power of the High Court Division to make rules concerning advocates 88* **.",
"name": "Unauthorised persons not to Address Court.",
"related_acts": "",
"section_id": 129
},
{
"act_id": 86,
"details": "120.(1) The following provisions shall not apply to the High Court Division in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.",
"name": "Provisions not applicable to High Court Division in original civil jurisdiction.",
"related_acts": "",
"section_id": 130
},
{
"act_id": 86,
"details": "121. The rules in the First Schedule shall have effect as if enacted in the body of this Code until annulled or altered in accordance with the provisions of this Part.",
"name": "Effect of rules in First Schedule.",
"related_acts": "",
"section_id": 131
},
{
"act_id": 86,
"details": "89122. The Supreme Court may, from time to time after previous publication, make rules regulating the procedure of each Division of the Supreme Court and the procedure of Civil Courts subject to its Superintendence and may by such rules annul, alter or add to all or any of the rules in the First Schedule.",
"name": "Power of Supreme Court to make rules.",
"related_acts": "",
"section_id": 132
},
{
"act_id": 86,
"details": "123.(1) A Committee, to be called the Rule Committee, shall be constituted 90for the purpose referred to in section 122. 91(2) Such Committee shall consist of the following persons, namely:- (a)\tthree Judges of the Supreme Court, one of whom at least has served as a District Judge for three years; (b)\ttwo advocates parctising in that Court; and (c)\ta Judge of a Civil Court subordinate to the High Court Division. (3)\tThe members of 92* * * such Committee shall be appointed by the Chief Justice, who shall also nominate one of their number to be president: Provided that, if the Chief Justice elects to be himself a member of 93the Committee, the number of other Judges appointed to be members shall be two, and the Chief Justice shall be the President of the Committee. (4) Each member of 94such committee shall hold office for such period as may be prescribed by the Chief Justice in this behalf; and whenever any member retires, resigns, dies 95* * * or becomes incapable of acting as a member of the Committee, the said Chief Justice may appoint another person to be a member in his stead. (5) There shall be a Secretary to 96* * * such Committee, who shall be appointed by the Chief Justice and shall receive such remuneration as may be provided in this behalf by the Government.",
"name": "Constitution of Rule Committees.",
"related_acts": "",
"section_id": 133
},
{
"act_id": 86,
"details": "124. 97The Rule Committee shall make a report to the 98Supreme Court 99* ** on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the Supreme Court shall take such report into consideration.",
"name": "Committee to report to Supreme Court.",
"related_acts": "",
"section_id": 134
},
{
"act_id": 86,
"details": "125. Omitted by section 3 and 2nd Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).",
"name": "Omitted",
"related_acts": "",
"section_id": 135
},
{
"act_id": 86,
"details": "100126. Rules made under the foregoing provisions shall be subject to the previous approval of the President..",
"name": "Rules to be subject to approval.",
"related_acts": "",
"section_id": 136
},
{
"act_id": 86,
"details": "127. Rules so made and approved shall be published in the official Gazette, and shall from the date of publication or from such other date as may be specified have the same force and effect 101* * * as if they had been contained in the First Schedule.",
"name": "Publication of rules.",
"related_acts": "",
"section_id": 137
},
{
"act_id": 86,
"details": "128.(1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely;- (a) the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure- (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising- on a contract express or implied; or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only; or on a trust; or . (ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, or against persons claiming under such tenant; (g) procedure by way of originating summons; (h) consolidation of suits, appeals and other proceedings; (i) delegation to any Registrar, Prothonotary or master or other official of the Court of any judicial, quasi-judicial and non-judicial duties; and (j) all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of Civil Courts.",
"name": "Matters for which rules may provide.",
"related_acts": "",
"section_id": 138
},
{
"act_id": 86,
"details": "129.\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 139
},
{
"act_id": 86,
"details": "130. Omitted by Article 2 and Schedule of the Central Laws (Adaptation) Order, 1961.",
"name": "Omitted",
"related_acts": "",
"section_id": 140
},
{
"act_id": 86,
"details": "131. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 141
},
{
"act_id": 86,
"details": "132.(1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court. (2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code.",
"name": "Exemption of certain women from personal appearance.",
"related_acts": "",
"section_id": 142
},
{
"act_id": 86,
"details": "133.(1) The Government may, by notification in the official Gazette, exempt from personal appearance in Court any person whose rank, in the opinion of 102the Government, entitles him to the privilege of exemption. (2) The names and residences of the persons so exempted shall, from time to time, be forwarded to the High Court Division by the Government and a list of such persons shall be kept in such Court, and a list of such persons as reside within the local limits of the jurisdiction of each Court subordinate to the High Court Division shall be kept in such subordinate Court. (3) Where any person so exempted claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs.",
"name": "Exemption of other persons.",
"related_acts": "",
"section_id": 143
},
{
"act_id": 86,
"details": "134. The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.",
"name": "Arrest other than in execution of decree.",
"related_acts": "",
"section_id": 144
},
{
"act_id": 86,
"details": "135.(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognised agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.",
"name": "Exemption from arrest under civil process.",
"related_acts": "",
"section_id": 145
},
{
"act_id": 86,
"details": "103135A.(1) No person shall be liable to arrest or detention in prison under civil process- (a) if he is a member of 104Parliament during the continuance of any meeting of 105Parliament; (b)\tif he is a member of any committee of 106Parliament, during the continuance of any meeting of such committee; and during the fourteen days before and after such meeting or sitting. (2) A person released from detention under sub-section (1) shall, subject to the provisions of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).",
"name": "Exemption of members of legislative bodies from arrest and detention under civil process.",
"related_acts": "",
"section_id": 146
},
{
"act_id": 86,
"details": "136.(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment. (2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment. (3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before the latter Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.",
"name": "Procedure where person to be arrested or property to be attached is outside district.",
"related_acts": "",
"section_id": 147
},
{
"act_id": 86,
"details": "137.(1) The language which, on the commencement of this Code, is the language of any Court subordinate to the High Court Division shall continue to be the language of such subordinate Court until the Government otherwise directs. (2) The Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written. (3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.",
"name": "Language of subordinate Courts.",
"related_acts": "",
"section_id": 148
},
{
"act_id": 86,
"details": "138.(1) The High Court Division may, by notification in the official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed. (2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court.",
"name": "Power of High Court Division to require evidence to be recorded in English.",
"related_acts": "",
"section_id": 149
},
{
"act_id": 86,
"details": "139. In the case of any affidavit under this Code- (a)\tany Court or Magistrate, or (b)\tany officer or other person whom 107the Supreme Court may appoint in this behalf, or (c)\tany officer appointed by any other Court which the Government has generally or specially empowered in this behalf, may administer the oath to the deponent.",
"name": "Oath on affidavit by whom to be administered.",
"related_acts": "",
"section_id": 150
},
{
"act_id": 86,
"details": "140.(1) In any Admiralty or Vice-Admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly. (2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.",
"name": "Assessors in causes of salvage, etc.",
"related_acts": "",
"section_id": 151
},
{
"act_id": 86,
"details": "141. The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.",
"name": "Miscellaneous proceedings.",
"related_acts": "",
"section_id": 152
},
{
"act_id": 86,
"details": "142. All orders and notices served on or given to any person under the provisions of this Code shall be in writing.",
"name": "Orders and notices to be in writing.",
"related_acts": "",
"section_id": 153
},
{
"act_id": 86,
"details": "143. Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made: Provided that the Government may remit such postage, or fee, or both, or may prescribed a scale of court-fees to be levied in lieu thereof.",
"name": "Postage",
"related_acts": "",
"section_id": 154
},
{
"act_id": 86,
"details": "144.(1) Where and in so far as a decree is varied or reversed, the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or such part thereof as has been varied or reversed; and, for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation or reversal. (2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1).",
"name": "Application for restitution.",
"related_acts": "",
"section_id": 155
},
{
"act_id": 86,
"details": "145. Where any person has become liable as surety- (a)\tfor the performance of any decree or any part thereof, or (b)\tfor the restitution of any property taken in execution of a decree, or (c) \tfor the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the Court in any suit or in any proceedings consequent thereon, the decree or order may be executed against him, to the extent to which he has rendered himself personally liable, in the manner herein provided for the execution of decrees, and such person shall, for the purposes of appeal, be deemed a party within the meaning of section 47: Provided that such notice as the Court in each case thinks sufficient has been given to the surety.",
"name": "Enforcement of liability of surety.",
"related_acts": "",
"section_id": 156
},
{
"act_id": 86,
"details": "146. Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him.",
"name": "Proceedings by or against representatives.",
"related_acts": "",
"section_id": 157
},
{
"act_id": 86,
"details": "147. In all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if such person, were under no disability and had given such consent or made such agreement.",
"name": "Consent or agreement by persons under disability.",
"related_acts": "",
"section_id": 158
},
{
"act_id": 86,
"details": "148. Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired.",
"name": "Enlargement of time.",
"related_acts": "",
"section_id": 159
},
{
"act_id": 86,
"details": "149. Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.",
"name": "Power to make up deficiency of court-fees.",
"related_acts": "",
"section_id": 160
},
{
"act_id": 86,
"details": "150. Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.",
"name": "Transfer of business.",
"related_acts": "",
"section_id": 161
},
{
"act_id": 86,
"details": "151. Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.",
"name": "Saving of inherent powers of Court.",
"related_acts": "",
"section_id": 162
},
{
"act_id": 86,
"details": "152. Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.",
"name": "Amendment of judgments, decrees or orders.",
"related_acts": "",
"section_id": 163
},
{
"act_id": 86,
"details": "153. The Court may at any time, and on such terms as to costs or otherwise as it thinks fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.",
"name": "General power to amend.",
"related_acts": "",
"section_id": 164
},
{
"act_id": 86,
"details": "154. Nothing in this Code shall affect any present right of appeal which shall have accrued to any party at its commencement.",
"name": "Saving of present right of appeal.",
"related_acts": "",
"section_id": 165
},
{
"act_id": 86,
"details": "155. The enactments mentioned in the Fourth Schedule are hereby amended to the extent specified in the fourth column thereof.",
"name": "Amendment of certain Acts.",
"related_acts": "",
"section_id": 166
},
{
"act_id": 86,
"details": "156. Omitted by section 3 and 2nd Schedule of the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 167
},
{
"act_id": 86,
"details": "157-158. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 168
}
],
"text": "♣An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows:-"
} |
{
"id": 87,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word “Bangladesh” was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 Sections 3 and 3A were substituted, for section 3 by section 2 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987)",
"3 The words “unlawfully or maliciously” were substituted, for the words “unlawfully and maliciously” by section 3 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"4 The words “injury to person or property” were substituted, for the words “injury to property” by section 3 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"5 The words “injury to person or property” were substituted, for the words “injury to property” by section 3 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"6 The words “injury to person or property” were substituted, for the words “injury to property” by section 3 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"7 The words “imprisonment for a term which may extend to twenty years and shall not be less than three years” were substituted, for the words and comma “transportation for a term which may extent to twenty years to which fine may be added, or with imprisonment for a term which may extend to seven years” by section 3 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"8 Section 5 was substituted, for section 5 by section 4 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987)",
"9 Section 6A was inserted by section 2 of the Explosive Substances (Amendment) Act, 2002 (Act No. XXXI of 2002)"
],
"name": "The Explosive Substances Act, 1908",
"num_of_sections": 10,
"published_date": "8th June, 1908",
"related_act": [
75,
430,
87
],
"repelled": false,
"sections": [
{
"act_id": 87,
"details": "1. (1) This Act may be called the Explosive Substances Act, 1908. (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "87",
"section_id": 1
},
{
"act_id": 87,
"details": "2. In this Act the expression “explosive substance” shall be deemed to include any materials for making any explosive substance; also any apparatus, machine implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement.",
"name": "Definition of “explosive substance”",
"related_acts": "",
"section_id": 2
},
{
"act_id": 87,
"details": "23. Any person who unlawfully or maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to person or property shall, whether any injury to person or property has been actually caused or not, be punishable with death, or with imprisonment for life, to which fine may be added, or with imprisonment for a term which may extend to ten years and shall not be less than five years, to which fine may be added.",
"name": "Punishment for causing explosion likely to endanger life, person or property",
"related_acts": "",
"section_id": 3
},
{
"act_id": 87,
"details": "3A. Any person who causes by any explosion substance an explosion with intent to commit or, to enable any other person to commit, an offence punishable under any law for the time being in force shall, whether any offence has been actually committed or not, be punishable with imprisonment for a term which may extend to seven years and shall not be less than three years, to which fine may be added.",
"name": "Punishment for causing explosion with intent to commit offence",
"related_acts": "",
"section_id": 4
},
{
"act_id": 87,
"details": "4. Any person who 3unlawfully or maliciously- (a) does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in Bangladesh of a nature likely to endanger life or to cause serious 4injury to person or property; or (b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious 5injury to person or property in Bangladesh, or to enable any other person by means thereof to endanger life or cause serious 6injury to person or property in Bangladesh; shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished with 7imprisonment for a term which may extend to twenty years and shall not be less than three years, to which fine may be added.",
"name": "Punishment for attempt to cause explosive or for making or keeping explosive with intent to endanger life or property",
"related_acts": "",
"section_id": 5
},
{
"act_id": 87,
"details": "85. Any person who explodes or makes or knowingly has in his possession or under his control any explosive substances, under such circumstances as to give rise to a reasonable suspicion that he has exploded it for committing an offence or is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he exploded it or made it or had it in his possession or under his control for a lawful object, be punishable with imprisonment for a term which may extend to fourteen years and shall not be less than two years to which fine may be added.",
"name": "Punishment for exploding, making or possessing explosives under suspicious circumstances",
"related_acts": "",
"section_id": 6
},
{
"act_id": 87,
"details": "5A and 5B. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973, (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 87,
"details": "6. Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this Act shall be punished with the punishment provided for the offence.",
"name": "Punishment of abettors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 87,
"details": "96A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or in any other law for the time being in force, an investigation of an offence under this Act shall be completed- (a)\twithin fifteen working days from the date of arrest of the accused, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or (b)\twithin sixty working days, from the date of receipt of information regarding the commission of the offence or from the date of receipt of an order of any magistrate for investigation of such offence when the accused is not arrested at the time of commission of the offence. (2) Where an investigation is not completed within the period specified in sub-section (1), the investigation officer may, after recording the reasons in writing, complete the investigation within a further period of seven working days and shall report it in writing to his controlling officer and also to the magistrate concerned. (3) Where an investigation is not completed within the extended period specified under sub-section (2), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefore, to his controlling officer and also to the magistrate concerned. (4) Upon receipt of a report under sub-section (3), the controlling officer or, when the investigation was ordered by a magistrate, the magistrate concerned, may transfer the responsibility for investigation to some other officer and, where the responsibility for investigation is so transferred, the officer who received the responsibility shall complete the investigation- (a)\twithin seven working days form the date of receipt of the order of transfer, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or (b)\twithin thirty working days from the date of receipt of the order of transfer in any other case. (5) Where an investigation is not completed within the period specified under sub-section (4), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefor, to his controlling officer and also to the magistrate concerned. (6) Where, after examination of the report submitted under sub-sections (2) and (4), the controlling officer or when the investigation was ordered by a magistrate, the magistrate concerned finds that the investigation officer is liable for the non-completion of investigation within the specified period, such liability shall be deemed to be inefficiency of that officer and such inefficiency shall be recorded in his annual confidential report, and in appropriate case departmental action may be taken against him under the service rules applicable to him.",
"name": "Time limit for completion of investigation",
"related_acts": "75",
"section_id": 9
},
{
"act_id": 87,
"details": "7. Omitted by section 5 of the Explosive Substances (Amendment) Act, 1987 (Act No. XXI of 1987).",
"name": "Omitted",
"related_acts": "",
"section_id": 10
}
],
"text": "1♣An Act further to amend the law relating to explosive substances. WHEREAS it is necessary further to amend the law relating to explosive substances; It is hereby enacted as follows:-"
} |
{
"id": 88,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Muslim\" and \"the High Court Division\" were substituted, for the words \"Pakistan\", \"Muhammadan\" and \"High Court\" or \"a High Court\" or \"any High Court\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The comma and words “, but includes as Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Limitation Act, 1908",
"num_of_sections": 30,
"published_date": "7th August, 1908",
"related_act": [
26,
430,
49,
86,
88,
24,
90,
91,
92,
93,
94
],
"repelled": false,
"sections": [
{
"act_id": 88,
"details": "1. (1) This Act may be called the Limitation Act, 1908. (2) It extends to the whole of Bangladesh. (3) This section and section 31 shall come into force at once. The rest of this Act shall come into force on the first day of January, 1909.",
"name": "Short title, extent and commencement",
"related_acts": "88",
"section_id": 1
},
{
"act_id": 88,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“applicant” includes any person from or through whom an applicant derives his right to apply: (2) \t“bill of exchange” includes a hundi and a cheque: (3) \t“bond” includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be: (4)\t“defendant” includes any person from or through whom a defendant derives his liability to be sued: (5)\t“easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to or subsisting upon, the land of another: (6)\t“foreign country” means any country other than Bangladesh 2* * *: (7)\t“good faith”: nothing shall be deemed to be done in good faith which is not done with due care and attention: (8)\t“plaintiff” includes any person from or through whom a plaintiff derives his right to sue: (9)\t“promissory note” means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight: (10) \t“suit” does not include an appeal or application: and (11) \t“trustee” does not include a benamider, a mortgagee remaining in possession after the mortgage has been satisfied, or a wrong-doer in possession without title.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 88,
"details": "3. Subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence. Explanation.-A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator.",
"name": "Dismissal of suits, etc., instituted, etc., after period of limitation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 88,
"details": "4. Where the period of limitation prescribed for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the day that the Court re-opens.",
"name": "Where Court is closed when period expires",
"related_acts": "",
"section_id": 4
},
{
"act_id": 88,
"details": "5. Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation - The fact that the appellant or applicant was misled by any order, practice or judgment of the High Court Division in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section.",
"name": "Extension of period in certain cases",
"related_acts": "",
"section_id": 5
},
{
"act_id": 88,
"details": "6. (1) Where a person entitled to institute a suit or proceeding or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit or proceeding or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed therefore in the third column of the first schedule or in section 48 of the Code of Civil Procedure, 1908. (2) Where such person is, at the time from which the period of limitation is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period, after both disabilities have ceased, as would otherwise have been allowed from the time so prescribed. (3) Where the disability continues up to the death of such person, his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed. (4) Where such representative is at the date of the death affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply. Illustrations (a) The right to sue for the hire of a boat accrues to A during his minority. He attains majority four years after such accruer. He may institute his suit at any time within the years from the date of his attaining majority. (b) A right to sue accrues to Z during his minority. After the accruer, but while Z is still a minor, he becomes insane. Time runs against Z from the date when his insainity and minority cease. (c) A right to sue accrues to X during his minority. X dies before attaining majority, and is succeeded by Y, his minor son. Time runs against Y from the date of his attaining majority.",
"name": "Legal disability",
"related_acts": "86",
"section_id": 6
},
{
"act_id": 88,
"details": "7. Where one of several persons jointly entitled to institute a suit or proceeding or make an application for the execution of a decree is under any such disability, and discharge can be given without the concurrence of such person, time will run against them all: but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. Illustrations (a) A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a minor. D can give a discharge of the debt without the concurrence of B and C. Time runs against B, C and D. (b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority.",
"name": "Disability of one of several plaintiffs or applicants",
"related_acts": "",
"section_id": 7
},
{
"act_id": 88,
"details": "8. Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period within which any suit must be instituted or application made. Illustrations (a) A, to whom a right to sue for a legacy has accrued during his minority, attains majority eleven years after such accruer. A has, under the ordinary law, only one year remaining within which to sue. But under section 6 and this section an extension of two years will be allowed him, making in all a period of three years from the date of his attaining majority, within which he may bring his suit. (b) A right to sue for an hereditary office accrues to A who at the time is insane. Six years after the accruer A recovers his reason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a suit. No extension of time will be given him under section 6 read with this section. (c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an idiot. A dies three years after the accruer, his idiocy continuing up to the date of his death. A's representative in interest has, under the ordinary law, nine years from the date of A's death within which to bring a suit. Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him.",
"name": "Special exceptions",
"related_acts": "",
"section_id": 8
},
{
"act_id": 88,
"details": "9. Where once time has begun to run, no subsequent disability or inability to sue stops it: Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues.",
"name": "Continuous running of time",
"related_acts": "",
"section_id": 9
},
{
"act_id": 88,
"details": "10. Notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time. For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose, and the manager of any such property shall be deemed to be the trustee thereof.",
"name": "Suits against express trustees and their representatives",
"related_acts": "",
"section_id": 10
},
{
"act_id": 88,
"details": "11. (1) Suits instituted in Bangladesh on contracts entered into in a foreign country are subject to the rules of limitation contained in this Act. (2) No foreign rule of limitation shall be a defence to a suit instituted in Bangladesh on a contract entered into in a foreign country, unless the rule has extinguished the contract and the parties were domiciled in such country during the period prescribed by such rule.",
"name": "Suits on foreign contracts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 88,
"details": "12. (1) In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded. (2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded. (3) Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment on which it is founded shall also be excluded. (4) In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.",
"name": "Exclusion of time in legal proceedings",
"related_acts": "",
"section_id": 12
},
{
"act_id": 88,
"details": "13. In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from Bangladesh and from the territories beyond Bangladesh under the administration of the 3Government shall be excluded.",
"name": "Exclusion of time of defendant’s absence from Bangladesh and certain other territories",
"related_acts": "",
"section_id": 13
},
{
"act_id": 88,
"details": "14. (1) In computing the period of limitation prescribed for any suit, the time during which the plantiff has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. Explanation I - In excluding the time during which a former suit or application was pending, the day on which that suit or application was instituted or made, and the day on which the proceedings therein ended, shall both be counted. Explanation II - For the purposes of this section, a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding. Explanation III - For the purposes of this section misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.",
"name": "Exclusion of time of proceeding bona fide in Court without jurisdiction",
"related_acts": "",
"section_id": 14
},
{
"act_id": 88,
"details": "15. (1) In computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. (2) In computing the period of limitation prescribed for any suit of which notice has been given in accordance with the requirements of any enactment for the time being in force, the period of such notice shall be excluded.",
"name": "Exclusion of time during which proceedings are suspended",
"related_acts": "",
"section_id": 15
},
{
"act_id": 88,
"details": "16. In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.",
"name": "Exclusion of time during which proceedings to set aside execution-sale are pending",
"related_acts": "",
"section_id": 16
},
{
"act_id": 88,
"details": "17. (1) Where a person, who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application. (2) Where person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application. (3) Nothing in sub-sections (1) and (2) applied to suits to enforce rights of pre-emption or to suits for the possession of immoveable property or of an hereditary office.",
"name": "Effect of death before right to sue accrues",
"related_acts": "",
"section_id": 17
},
{
"act_id": 88,
"details": "18. Where any person having a right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded, or where any document necessary to establish such right has been fraudulently concealed from him, the time limited for instituting a suit or making an application- (a) \tagainst the person guilty of the fraud or accessory thereto, or (b) \tagainst any person claiming through him otherwise than in good faith and for a valuable consideration, shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed document, when he first had the means of producing it or compelling its production.",
"name": "Effect of fraud",
"related_acts": "",
"section_id": 18
},
{
"act_id": 88,
"details": "19. (1) Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgement was so signed. (2) Where the writing containing the acknowledgement is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Evidence Act, 1872, oral evidence of its contents shall not be received. Explanation I - For the purposes of this section an acknowledgement may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other than the person entitled to the property or right. Explanation II - For the purposes of this section, “signed” means signed either personally or by an agent duly authorized in this behalf. Explanation III - For the purposes of this section an application for the execution of a decree or order is an application respect of a right.",
"name": "Effect of acknowledgement in writing",
"related_acts": "24",
"section_id": 19
},
{
"act_id": 88,
"details": "20. (1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by his duly authorized agent, a fresh period of limitation shall be computed from the time when the payment was made: Provided that, save in the case of a payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by the person making the payment.",
"name": "Effect of payment on account of debt as of interest on legacy",
"related_acts": "",
"section_id": 20
},
{
"act_id": 88,
"details": "21. (1) The expression “agent duly authorised in his behalf,” in sections 19 and 20, shall, in the case of a person under disability, include his lawful guardian, committee or manager, or an agent duly authorised by such guardian, committee or manager to sign the acknowledgement or make the payment. (2) Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed or of a payment made by, or by the agent of, any other or others of them. (3) For the purposes of the said sections- (a) \tan acknowledgment signed, or a payment made, in respect of any liability, by, or by the duly authorised agent of, any widow or other limited owner of property who is governed by the Hindu law, shall be a valid acknowledgment or payment, as the case may be, as against a reversioner succeeding to such liability; and (b) \twhere a liability has been incurred by, or on behalf of, a Hindu undivided family as such, an acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family.",
"name": "Agent of persons under disability",
"related_acts": "",
"section_id": 21
},
{
"act_id": 88,
"details": "22. (1) Where, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to an assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.",
"name": "Effect of substituting or adding new plaintiff or defendant",
"related_acts": "",
"section_id": 22
},
{
"act_id": 88,
"details": "23. In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.",
"name": "Continuing breaches and wrongs",
"related_acts": "",
"section_id": 23
},
{
"act_id": 88,
"details": "24. In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results. Illustration A owns the surface of a field. B owns the subsoil. B digs coal thereout without causing any immediate apparent injury to the surface, but at last the surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence.",
"name": "24.\tSuit for compensation for act not actionable without special damage",
"related_acts": "",
"section_id": 24
},
{
"act_id": 88,
"details": "25. All instruments shall, for the purposes of this Act, be deemed to be made with reference to the Gregorian calendar. Illustrations (a) A Hindu makes a promissory note bearing a Native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the Gregorian calendar. (b) A Hindu makes a bond, bearing a Native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the Gregorian Calendar.",
"name": "Computation of time mentioned in instruments",
"related_acts": "",
"section_id": 25
},
{
"act_id": 88,
"details": "26. (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse, or the use of any water, or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption, and for twenty years, the right to such access and use of light or air, way, water-course, use of water, or other easement shall be absolute and indefeasible. Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. (2) Where the property over which a right is claimed under sub-section (1) belongs to the Government, that sub-section shall be read as if for the words “twenty years” the words “sixty years” were substituted. Explanation - Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made. Illustrations (a) A suit is brought in 1911 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January, 1890 to 1st January, 1910. The plaintiff is entitled to judgment. (b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff, on one occasion during the twenty years, had asked his leave to enjoy the right. The suit shall be dismissed.",
"name": "Acquisition of right to easements",
"related_acts": "",
"section_id": 26
},
{
"act_id": 88,
"details": "27. Where any land or water upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land or water. Illustration A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, a Hindu widow, had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.",
"name": "Exclusion in favour of reversioner of servient tenement.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 88,
"details": "28. At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.",
"name": "Extinguishment of right to property",
"related_acts": "",
"section_id": 28
},
{
"act_id": 88,
"details": "30-31. Repealed by section 3 and Schedule of the Repealing and Amending Act, 1930 (Act No. VIII of 1930). 32. Repealed by section 3 and Second Schedule of the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 29
},
{
"act_id": 88,
"details": "29. (1) Nothing in this Act shall affect section 25 of the Contract Act, 1872. (2) Where any special 4* * * law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the first schedule, the provision of section 3 shall apply, as if such period were prescribed therefor in that schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special 5* * * law- (a)\tthe provisions contained in section 4, sections 9 to 18, and section 22 shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special 6* * * law; and (b) the remaining provisions of this Act shall not apply. (3) Nothing in this Act shall apply to suits under the Divorce Act. (4) Sections 26 and 27 and the definition of “easement” in section 2 shall not apply to cases arising in territories to which the Easements Act, 1882, may for the time being extend.",
"name": "Savings",
"related_acts": "26,49",
"section_id": 30
}
],
"text": "1An Act to consolidate and amend the law for the Limitation of Suits, and for other purposes. WHEREAS it is expedient to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to Courts; and whereas it is also expedient to provide rules for acquiring by possession the ownership of easements and other property; It is hereby enacted as follows:-"
} |
{
"id": 89,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words \"Pakistan\" or \"East Pakistan\", \"Central Government\" or \"Central Government or a Provincial Government\" or \"Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, letters, figures, brackets and commas “, and to such parts of the navigable rivers and channels leading to such ports respectively as have been declared to be subject to Act XXII of 1855 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875, or to the Indian Ports Act, 1889” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Section 5A was inserted by section 2 of the Ports (Amendment) Ordinance, 1975 (Ordinance No. XXXVII of 1975)",
"4 Clause (ee) was inserted by section 2 of the Indian Ports (Amendment) Act, 1923 (Act No. XXXIX of 1923).",
"5 Clause (eee) was inserted by section 2 of the Indian Ports (Amendment) Act, 1925 (Act No. IX of 1925).",
"6 Clause (jj) was inserted by section 4 of the Indian Ports (Amendment) Act, 1916 (Act No. VI of 1916).",
"7 The proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, commas and figures “Merchant Shipping Act, 1923, section 91” were substituted, for the words, commas and figures “Indian Merchant Shipping Act, 1859, section 71” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Proviso was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words and commas \"or, as the case may be, in the Province,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"11 The words \"in the Province\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 The word \"any\" was substituted, for the words, commas, figures and brackets \"the Registration of Ships Act, 1841, or the Registration of Ships Act (1841) Amendment Act, 1850, or under any other\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The word \"any\" was substituted, for the words, commas, figures and brackets \"the Registration of Ships Act, 1841, or the Registration of Ships Act (1841) Amendment Act, 1850, or under any other\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"14 The words \"six poisha\" were substituted, for the words \"one anna\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The word \"July\" was substituted, for the word \"April\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words \"any law\" were substituted, for the words, commas and figures \"the Merchant Shipping Act, 1894, or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of the regulations\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"17 The words \"of the Government\" were substituted, for the commas and words \", in case of a cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"18 Sections 68A and 68B were inserted by section 11 of the Indian Ports (Amendment) Act, 1916 (Act No. VI of 1916)"
],
"name": "The Ports Act, 1908",
"num_of_sections": 72,
"published_date": "18th December, 1908",
"related_act": [
89,
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 89,
"details": "1. (1) This Act may be called the Ports Act, 1908. (2) It shall extend, save as otherwise appears from its subject or context,- (a) \tto the ports mentioned in the first schedule 2* * *; (b) \tto the other ports or parts of navigable rivers or channels to which the Government, in exercise of the power hereinafter conferred, extends this Act. (3) But nothing in section 31 or section 32 shall apply to any port, river or channel to which the section has not been specially extended by the Government.",
"name": "Title and extent",
"related_acts": "89",
"section_id": 1
},
{
"act_id": 89,
"details": "2. Nothing in this Act shall- (i) \tapply to any vessel belonging to, or in the service of, His Majesty the Government, or to any vessel of war belonging to any Foreign Prince or State, or (ii) \tdeprive any person of any right of property or other private right, except as hereinafter expressly provided, or (iii) \taffect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto.",
"name": "Savings",
"related_acts": "",
"section_id": 2
},
{
"act_id": 89,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“Magistrate” means a person exercising powers under the Code of Criminal Procedure, 1898, not less than those of a Magistrate of the second class: (2) \t“master”, when used in relation to any vessel, means, subject to the provisions of any other enactment for the time being in force, any person (except a pilot or harbour-master) having for the time being the charge or control of the vessel: (3) \t“pilot” means a person for the time being authorized by the Government to pilot vessels: (4)\t“port” includes also any part of a river or channel in which this Act is for the time being in force: (5) \t“port-officer” is synonymous with master-attendant: (6) \t“ton” means a ton as determined or determinable by the rules for the time being in force or regulating the measurement of the net tonnage of British ships: and (7) \t“vessel” includes anything made for the conveyance by water of human beings or of property: (8) \t“major port” means any port which the Government may by notification in the official Gazette declare, or may under any law for the time being in force have declared, to be a major port: (9) \tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Definitions",
"related_acts": "75,430",
"section_id": 3
},
{
"act_id": 89,
"details": "4. (1) The Government may, by notification in the official Gazette,- (a)\textend this Act to any port in which this Act is not in force or to any part of any navigable river or channel which leads to a port and in which this Act is not in force; (b) \tspecially extend the provisions of section 31 or section 32 to any port to which they have not been so extended; (c) \twithdraw this Act or section 31 or section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water-mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yards of high-water-mark. (4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinary spring tides at any season of the year.",
"name": "Power to extend or withdraw the Act or certain portions thereof",
"related_acts": "",
"section_id": 4
},
{
"act_id": 89,
"details": "5. (1) The Government may, subject to any rights of private property, alter the limits of any port in which this Act is in force. (2) When the Government alters the limits of a port under sub-section (1), it shall declare or describe, by notification in the official Gazette, and by such other means, if any, as it thinks fit, the precise extent of such limits.",
"name": "Alteration of limits of port",
"related_acts": "",
"section_id": 5
},
{
"act_id": 89,
"details": "35A. Notwithstanding anything contained in any other law for the time being in force, or in any contract, agreement or other instrument, the Government may, by order,- (a)\tdetermine the rates of minimum wages or remuneration of the persons rendering any services, either on contract or otherwise, to the Government or to any port authority or to any other person within the limits of any port; (b)\tcreate funds for the welfare of the persons working within the limits of any port and determine the rates of contribution to be made to such funds by persons to be specified in the order.",
"name": "Power to determine rates of wages and remuneration and to create welfare funds",
"related_acts": "",
"section_id": 6
},
{
"act_id": 89,
"details": "6. (1) The Government may, in addition to any rules which it may make under any other enactment for the time being in force, make such rules, consistent with this Act, as it thinks necessary for any of the following purposes, namely:- (a) \tfor regulating the time and hours at and during which, the speed at which, and the manner and conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this Act; (b) \tfor regulating the berths, stations and anchorages to be occupied by vessels in any such port; (c) \tfor striking the yards and top masts, and for rigging-in the booms and yards, of vessels in any such port, and for swinging or taking-in davits, boats and other things projecting from such vessels; (d) \tfor the removal or proper hanging or placing of anchors, spars and other things being in or attached to vessels in any such port; (e) \tfor regulating vessels whilst taking-in or discharging passengers, ballast or cargo, or any particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so engaged; 4(ee) \tfor regulating the manner in which oil or water mixed with oil shall be discharged in any such port and for the disposal of the same; 5(eee)\tfor regulating the bunkering of vessels with liquid fuel in any such port and the description of barges, pipe lines or tank vehicles to be employed in such bunkering; (f) \tfor keeping free passages of such width as may be deemed necessary within any such port, and along or near to the piers, jetties, landing-places, wharves, quays, docks, moorings and other works in or adjoining to the same, and for marking out the spaces so to be kept free; (g) \tfor regulating the anchoring, fastening, mooring and unmooring of vessels in any such port; (h) \tfor regulating the moving and warping of all vessels within any such port and the use of warps therein; (i) \tfor regulating the use of the mooring buoys, chains and other mooring in any such port; (j) \tfor fixing the rates to be paid for the use of such moorings when belonging to the Government, or of any boat, hawser or other thing belonging to the Government; 6(jj) \tfor regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the Government, and for fixing the rates to be paid for the use of the same; (k) \tfor licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying, whether for hire or not, and whether regularly or only occasionally, in or partly within and partly without any such port and for licensing and regulating the crews of any such vessels and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and may by such rules provide for the fees payable in respect of any such license, and in the case of passenger vessels plying for hire, for the rates of hire to be charged and the conditions under which such vessels shall be compelled to ply for hire, and further for the conditions under which any license may be revoked; (l) \tfor regulating the use of fires and lights within any such port; (m) \tfor enforcing and regulating the use of signals or signal-lights by vessels by day or by night in any such port; (n) \tfor regulating the number of the crew which must be on board any vessel afloat within the limits of any such port; (o) \tfor regulating the employment of persons engaged in cleaning or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port; (p) \tfor the prevention of danger arising to the public health by the introduction and the spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and for the prevention of the conveyance of infection or contagion by means of any vessel sailing from any such port, and in particular and without prejudice to the generality of this provisions, for- (i) \tthe signals to be hoisted and the places of anchorage to be taken up by such vessels having any case, or suspected case, of any infectious or contagious disease on board, or arriving at such port from a port in which, or in the neighbourhood of which, there is believed to be, or to have been at the time when the vessel left such port, any infectious or contagious disease; (ii) \tthe medical inspection of such vessels and of persons on board such vessels; (iii)\tthe questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels; (iv) \tthe detention of such vessels and of persons on board such vessels; (v) \tthe duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels; (vi) \tthe removal to hospital or other place approved by the health-officer and the detention therein of any person from any such vessel who is suffering or suspected to be suffering from any such disease; (vii) \tthe cleansing, ventilation and disinfection of such vessels or any part thereof and of any articles therein likely to retain infection or contagion, and the destruction of rats or other vermin in such vessels; and (viii) \tthe disposal of the dead on such vessels; and (q) \tfor securing the protection from heat of the officers and crew of vessels in any such port by requiring the owner or master of any such vessel- (i) to provide curtains and double awnings for screening from the sun's rays such portions of the deck as are occupied by, or are situated immediately above, the quarters of the officers and crew; (ii) to erect windsails so far as the existing portholes or apertures in the deck admit of their being used for ventilating the quarters of the officers and crew; (iii) when the deck is made of iron and not wood-sheathed, to cover with wooden planks or other suitable non-conducting material such portions of the deck as are situated immediately above the quarters of the officers and crew; (iv) when the quarters used by the crew and the galley are separated by an iron bulk-head only, to furnish a temporary screen of some suitable non-conducting material between such quarters and the galley. (2) The power to make rules under sub-section (1) is subject to the condition of the rules being made after previous publication: 7* * * (3) If any person disobeys any rule made under clause (p) of sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand taka. (4) If a master fails wholly or in part to do any act prescribed by any rule made under clause (p) of sub-section (1), the health-officer shall cause such act to be done, and the reasonable expenses incurred in doing such act shall be recoverable by him from such master.",
"name": "Power to make port-rules",
"related_acts": "",
"section_id": 7
},
{
"act_id": 89,
"details": "7. (1) The Government shall appoint some officer or body of persons to be conservator of every port subject to this Act. (2) Subject to any direction by the Government to the contrary,- (a)\tin ports where there is a port-officer, the port-officer shall be the conservator; (b)\tin ports where there is no port-officer, but where there is a harbour-master, the harbour-master shall be the conservator. (3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be subordinate to, and subject to the control of, the conservator. (4) The conservator shall be subject to the control of the Government, or of any intermediate authority which the Government may appoint.",
"name": "Appointment of Conservator",
"related_acts": "",
"section_id": 8
},
{
"act_id": 89,
"details": "8. (1) The conservator of any port subject to this Act may, with respect to any vessel within the port, give directions for carrying into effect any rule for the time being in force therein under section 6. (2) If any person wilfully and without lawful excuse refuses or neglects to obey any lawful direction of the conservator, after notice thereof has been given to him, he shall, for every such offence, be punishable with fine which may extend to one hundred taka, and in the case of a continuing offence with a further fine which may extend to one hundred taka for every day during which, after such notice as aforesaid, he is proved to have wilfully and without lawful excuse continued to disobey the direction. (3) In case of such refusal or neglect, the conservator may do, or cause to be done, all acts necessary for the purpose of carrying the direction into execution, and may hire and employ proper persons for that purpose, and all reasonable expenses incurred in doing such acts shall be recoverable by him from the person so refusing or neglecting to obey the direction.",
"name": "Power of conservator to give and enforce directions for certain specified purposes",
"related_acts": "",
"section_id": 9
},
{
"act_id": 89,
"details": "9. The conservator of any such port may, in case of urgent necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any vessel in the port or at or near to the entrance thereof.",
"name": "Power to cut warps and ropes",
"related_acts": "",
"section_id": 10
},
{
"act_id": 89,
"details": "10. (1) The conservator may remove, or cause to be removed, any timber, raft or other thing, floating or being in any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing-place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment, or causes any public nuisance affecting or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred taka. (3) The conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated.",
"name": "Removal of obstructions within limits of port",
"related_acts": "",
"section_id": 11
},
{
"act_id": 89,
"details": "11. If the owner of any such timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the official Gazette or in such other manner as the Government by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction; and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same; and, if no such person appears, shall cause the same to be kept and deposited in such manner as the Government directs; and may, if necessary, from time to time, realize the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold.",
"name": "Recovery of expenses of removal",
"related_acts": "",
"section_id": 12
},
{
"act_id": 89,
"details": "12. (1) If any obstruction or impediment to the navigation of any port subject to this Act has been lawfully made, or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the Government, and shall, with the sanction of the Government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes.",
"name": "Removal of lawful obstructions",
"related_acts": "",
"section_id": 13
},
{
"act_id": 89,
"details": "13. (1) If any vessel hooks or gets foul or any of the buoys or moorings laid down by or by the authority of the Government in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator; and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel; and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same. (2) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred taka.",
"name": "Fouling of Government moorings",
"related_acts": "",
"section_id": 14
},
{
"act_id": 89,
"details": "14. (1) If any vessel is wrecked, stranded or sunk in any such port so as to impede, or be likely to impede, the navigation thereof, the conservator may cause the vessel to be raised, removed or destroyed. (2) If any property recovered by a conservator acting under sub-section (1) is unclaimed or the person claiming it fails to pay the reasonable expenses incurred by the conservator under that sub-section and a further sum of twenty per cent. of the amount of such expenses, the conservator may sell the property by public auction, if the property is of a perishable nature, forthwith, and, if it is not of a perishable nature, at any time not less than six months after the recovery thereof. (3) The expenses and further sum aforesaid shall be payable to the conservator out of the sale-proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment, without interest, to any person thereafter establishing his right thereto: Provided that the person makes his claim within three years from the date of the sale.",
"name": "Raising or removal of wreck impeding navigation within limits of port",
"related_acts": "",
"section_id": 15
},
{
"act_id": 89,
"details": "15. (1) The conservator or any of his assistants may, whenever he suspects that any offence against this Act has been, or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, and the person appointed under this Act to receive any port-dues, fees or other charges, payable in respect of any vessel, may, whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, either alone or with any other person, board any vessel, or enter any building or place, within the limits of any port subject to this Act. (2) If the master of the vessel, or any person in possession or occupation of the building or place, without lawful excuse, refuses to allow any such person as is mentioned in sub-section (1) to board or enter such vessel, building or place in the performance of any duty imposed upon him by this Act, he shall for every such offence be punishable with fine which may extend to two hundred taka.",
"name": "Power to board vessels and enter buildings",
"related_acts": "",
"section_id": 16
},
{
"act_id": 89,
"details": "16. (1) For the purpose of preventing or extinguishing fire in any port subject to this Act, the conservator or port-officer may require the master of any vessel within the port to place at his disposal such number as he requires, not exceeding three-fourths, of the crew than under the orders of such master. (2) Any master refusing or neglecting to comply with such requisition shall be punishable with fine which may extend to five hundred taka, and any seaman then under his orders who, after being directed by the master to obey the orders of the conservator or port-officer for the purpose aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to twenty-five taka.",
"name": "Power to require crews to prevent or extinguish fire",
"related_acts": "",
"section_id": 17
},
{
"act_id": 89,
"details": "17. (1) The Government may appoint at any port subject to this Act an officer to be called the health-officer. (2) A health-officer shall, subject to the control of the Government, have the following powers, within the limits of the port for which he is appointed, namely:- (a)\twith respect to any vessel, the powers conferred on a shipping-master by the 8Merchant Shipping Act, 1923, section 91. (b)\tpower to enter on board any vessel and medically examine all or any of the seamen or apprentices on board the vessel; (c)\tpower to require and enforce the production of the log-book and any other books, papers or documents which he thinks necessary for the purpose of enquiring into the health and medical condition of the persons on board the vessel; (d)\tpower to call before him and question for any such purpose all or any of those persons and to require true answers to any questions which he thinks fit to ask; (e)\tpower to require any person so questioned to make and subscribe a declaration of the truth of the statements made by him.",
"name": "Appointment and powers of health-officer",
"related_acts": "",
"section_id": 18
},
{
"act_id": 89,
"details": "18. The Government shall not be responsible for any act or default of any conservator, port-officer or harbour-master, of any port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Government which may be used by the vessel: Provided that nothing in this section shall protect the Government from a suit in respect of any act done by or under the express order or sanction of the Government.",
"name": "Indemnity of Government against act or default of port-official or pilot",
"related_acts": "",
"section_id": 19
},
{
"act_id": 89,
"details": "19. (1) No person shall, without lawful excuse, lift, injure, loosen or set adrift any buoy, beacon or mooring fixed or laid down by, or by the authority of, the Government in any port subject to this Act. (2) If any person offends against the provisions of this section, he shall for every such offence be liable, in addition to the payment of the amount of damage done, to fine which may extend to two thousand taka, or to imprisonment for a term which may extend to two years.",
"name": "Injuring, buoys, beacons and moorings",
"related_acts": "",
"section_id": 20
},
{
"act_id": 89,
"details": "20. If any person wilfully and without lawful excuse loosens or removes from her moorings any vessel within any such port without leave or authority from the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may extend to two hundred taka, or with imprisonment for a term which may extend to six months.",
"name": "Wilfully loosening vessel from moorings",
"related_acts": "",
"section_id": 21
},
{
"act_id": 89,
"details": "21. (1) No ballast or rubbish, and no other thing likely to form a bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any such port or into or upon any place on shore from which the same is liable to be washed into any such port, either by ordinary or high tides, or by storms or land-floods and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under clause (ee) of sub-section (1) of section 6 apply, otherwise than in accordance with such rules. (2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing or so discharges any oil or water mixed with oil, and the master of any vessel from which the same is so cast, thrown or discharge, shall be punishable with fine which may extend to five hundred taka, and shall pay any reasonable expenses which may be incurred in removing the same. (3) If, after receiving notice from the conservator of the port to desist from so casting or throwing any ballast or rubbish or such other thing or from so discharging any oil or water mixed with oil, any master continues so to cast, throw or discharge the same, he shall also be liable to simple imprisonment for a term which may extend to two months. (4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into, or the oil or water mixed with oil is discharged in or into, any such port with the consent in writing of the conservator, or within any limits within which such act may be authorized by the Government.",
"name": "Improperly discharging ballast",
"related_acts": "",
"section_id": 22
},
{
"act_id": 89,
"details": "22. If any person graves, breams, or smokes any vessel in any such port contrary to the directions of the conservator, or at any time or within any limits at or within which such act is prohibited by the Government, he and the master of the vessel shall for every such offence be punishable with fine which may extend to five hundred taka each.",
"name": "Graving vessel within prohibited limits",
"related_acts": "",
"section_id": 23
},
{
"act_id": 89,
"details": "23. If any person boils or heats any pitch, tar, resin, dammer, turpentine, oil or other such combustible matter on board any vessel within any such port, or at any place within its limits where such act is prohibited by the Government, or contrary to the directions of the conservator, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred taka each.",
"name": "Boiling pitch on board vessel within prohibited limits",
"related_acts": "",
"section_id": 24
},
{
"act_id": 89,
"details": "24. If any person, by an unprotected artificial light, draws off sprits on board any vessel within any port subject to this Act, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred taka each.",
"name": "Drawing spirits by unprotected artificial light",
"related_acts": "",
"section_id": 25
},
{
"act_id": 89,
"details": "25. (1) Every master of a vessel in any port subject to this Act shall, when required so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required so to do. (2) A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred taka.",
"name": "Warping",
"related_acts": "",
"section_id": 26
},
{
"act_id": 89,
"details": "26. (1) A master of a vessel shall not cause or suffer any warp or hawser attached to his vessel to be left out in any port subject to this Act after sunset in such a manner as to endanger the safety of any other vessel navigating in the port. (2) A master offending against sub-section (1) shall be punishable for every such offence with fine which may extend to two hundred taka.",
"name": "Leaving out warp or hawser after sunset",
"related_acts": "",
"section_id": 27
},
{
"act_id": 89,
"details": "27. If any person, without lawful excuse, discharges any fire-arm in any port subject to this Act, or on or from any pier, landing-place, wharf or quay thereof, except a gun loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the Government, he shall for every such offence be punishable with fine which may extend to fifty taka.",
"name": "Discharge of fire-arms in port",
"related_acts": "",
"section_id": 28
},
{
"act_id": 89,
"details": "28. If the master of any vessel in which fire takes place while lying if any such port wilfully omits to take order to extinguish the fire or obstructs the conservator or the port-officer, or any person acting under the authority of the conservator or port-officer, in extinguishing or attempting to extinguish the fire, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty on master omitting to take order to extinguish fire",
"related_acts": "",
"section_id": 29
},
{
"act_id": 89,
"details": "29. (1) No person, without the permission of the conservator, shall, in any port subject to this Act, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein. (2) If any person offends against the provisions of sub-section (1), he shall be punishable with fine which may extend to one hundred taka.",
"name": "Unauthorised person not to search for lost stores",
"related_acts": "",
"section_id": 30
},
{
"act_id": 89,
"details": "30.(1) No person without the permission of the conservator shall in any port subject to this Act remove or carry away any rock, stones, shingle, gravel, sand or soil or any artificial protection from any part of the bank or shore of the port; and no person shall sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing, or do any other thing which is likely to injure or to be used so as to injure such bank or shore, except with the permission of the conservator, and with the aid or under the inspection of such person, if any, as the conservator may appoint to take part in or overlook the performance of such work. (2) If any person offends against sub-section (1), he shall for every such offence be punishable with fine which may extend to one hundred taka and shall pay any reasonable expenses which may be incurred in repairing any injury done by him to the bank or shore.",
"name": "Removing stones or injuring shores of port prohibited",
"related_acts": "",
"section_id": 31
},
{
"act_id": 89,
"details": "31. (1) No vessel of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board; and no vessel of any measurement less than two hundred tons and exceeding one hundred tons shall enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority: Provided that the Government may, by notification in the official Gazette, direct that in any port specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified. (2) Notwithstanding anything in sub-section (1), the owner or master of a vessel which is by that sub-section required to have a pilot, harbour-master or assistant of the port-officer or harbour-master on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel, in the same manner as he would have been if he had not been so required by that sub-section: 9* * * (3) If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of sub-section (1), the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred taka, unless upon application to the proper officer the master was unable to procure a pilot, harbour-master or assistant of the port-officer or harbour-master or assistant of the port-officer or harbour-master to go on board the vessel.",
"name": "Moving of vessels without pilot or permission of harbour-master",
"related_acts": "",
"section_id": 32
},
{
"act_id": 89,
"details": "32. (1) Every vessel exceeding the measurement of two hundred tons and lying in any port to which this section has been specially extended shall be provided with a proper force-pump and hose and appurtenances, for the purpose of extinguishing any fire which may occur on board. (2) The master of such a vessel who, having been required by the conservator to comply with the provisions of sub-section (1), neglects or refuses, without lawful excuse, so to do for the space of seven days after such requisition, shall be punishable with fine which may extend to five hundred taka.",
"name": "Provision of certain vessels with fire-extinguishing apparatus",
"related_acts": "",
"section_id": 33
},
{
"act_id": 89,
"details": "33. (1) Subject to the provisions of sub-section (2), in each of the ports mentioned in the first schedule such port-due, not exceeding the amount specified for the port in the third-column of the schedule as the Government directs, shall be levied on vessels entering the port and described in the second column of the schedule, but not oftener than the time fixed for the port in the fourth column of the schedule. (2) The Government may, by notification in the official Gazette, alter or add to any entry in the first schedule relating to port in Bangladesh 10* * * and this power shall include the power to regroup any such ports. (3) Whenever the Government declares any other port to be subject to this Act, it may, by the same or any subsequent declaration, further declare,- (a)\tin the terms of any of the entries in the second column of the first schedule, the vessels which are to be chargeable with port-dues on entering the port, (b)\tthe highest rates at which such dues may be levied in respect of vessels chargeable therewith, and (c)\tthe times at which such vessels are to be so chargeable. (4) All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section. (5) An order increasing or imposing port-dues under this section shall not take effect till the expiration of sixty days from the day on which the order was published in the official Gazette.",
"name": "Levy of port-dues",
"related_acts": "",
"section_id": 34
},
{
"act_id": 89,
"details": "34. The Government may, after consulting the authority appointed under section 36, exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be levied in the port, in such manner as, having regard to the receipts and charges on account of the port, it thinks expedient, by reducing or raising the dues, or any of them or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues: Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.",
"name": "Variation of port-dues by Government",
"related_acts": "",
"section_id": 35
},
{
"act_id": 89,
"details": "35. (1) Within any port subject to this Act, fees may be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessels, at such rates as the Government may direct. (2) The fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by sub-section (1).",
"name": "Fees for pilotage and certain other services",
"related_acts": "",
"section_id": 36
},
{
"act_id": 89,
"details": "36. (1) The Government shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorized to be taken by or under this Act to receive the same and, subject to the control or the Government, to expend the receipts on any of the objects authorized by this Act. (2) Such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as the Government prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of July as may be practicable an abstract, in such form as the Government prescribes, of the account for the past financial year. (3) Omitted by section 9 of the Indian Ports (Amendment) Act, 1916 (Act No. VI of 1916). (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including- (a)\tfines, (b)\tproceeds of waifs, and (c)\tany balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be credited in the port fund account of the port. (5) All expenses incurred for the sake of any such port, excluding expenses on account of pilotage but including- (a)\tthe pay and allowances of all persons upon the establishment of the port, (b)\tthe cost of buoys, beacons, lights and all other works maintained chiefly for the benefit of vessels being in or entering or leaving the port or passing through the rivers or channels leading thereto, (c)\tpensions, allowances and gratuities of persons who have been employed in the port under this or any other enactment relating to ports and port-dues, or such portion of those pensions, allowances and gratuities and the Government may by rule determine, (d)\twith the previous sanction of the Government, contributions towards the support of public hospitals or dispensaries suitable for the reception or relief of seamen or otherwise towards the provision of sanitary superintendence and medical aid for the shipping in the port and for seamen whether ashore or afloat belonging to vessels in the port, and (e)\twith the like sanction, contribution towards sailors' homes, institutes, rest-houses and coffee-houses and for other purposes connected with the health, recreation and temporal well-being of sailors, shall be charged to the port fund account of the port. (6) Subject to the provisions of any local law as to the disposal of any balance from time to time standing to the credit of a port fund account any such balance may be temporarily invested in such manner as the Government may direct.",
"name": "Receipt, expenditure, and account of port-charges",
"related_acts": "",
"section_id": 37
},
{
"act_id": 89,
"details": "37. (1) The Government may direct that for the purposes of the last foregoing section any number of ports 11* * * not being major ports shall be regarded as constituting a single port, an thereupon all moneys to be credited to the port fund account under sub-section (4) of that section shall form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports. (2) Where ports are grouped by or under this Act, the following consequences ensue, namely:- (a)\tthe Government, in the exercise of its control over expenditure debitable to the common port fund account of the group, may, make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects authorized by this Act; and (b)\tthe Government may exercise its authority under section 34 as regards all the ports in the group collectively or as regards any of them separately.",
"name": "Grouping of ports",
"related_acts": "",
"section_id": 38
},
{
"act_id": 89,
"details": "38. The person to whom any dues, fees or other charges authorized to be taken by or under this Act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made.",
"name": "Receipts for port-charges",
"related_acts": "",
"section_id": 39
},
{
"act_id": 89,
"details": "39. (1) Within twenty-four hours after the arrival within the limits of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the master of the vessel shall report her arrival to the conservator of the port. (2) A master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred taka. (3) Nothing in this section applies to tug-steamers, ferry steamers or river steamers plying to and from any of the ports subject to this Act or to ballam boats playing to and from the port of Chittagong.",
"name": "Master to report arrival",
"related_acts": "",
"section_id": 40
},
{
"act_id": 89,
"details": "40. If any vessel liable to the payment of port-dues is in any such port without proper marks on the stem and stem posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation.",
"name": "Conservator may in certain cases ascertain draught and charge expense to master",
"related_acts": "",
"section_id": 41
},
{
"act_id": 89,
"details": "41. In order to ascertain the tonnage of any vessel liable to pay port-dues the following rules shall be observed, namely:- (1) (a) If the vessel is a British registered vessel or a vessel registered under 12any law for the time being in force for the registration of vessels in Bangladesh, the conservator may require the owner or master of the vessel or any person having possession of her register to produce the register for inspection. (b)\tIf the owner or master or such person neglects or refuses to produce the register or otherwise to satisfy the conservator as to what is the true tonnage of the vessel in respect of which the port-dues are payable, he shall be punishable with fine which may extend to one hundred taka, and the conservator may cause the vessel to be measured, and the tonnage thereof to be ascertained, according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, and in such case the owner or master of the vessel shall also be liable to pay the expenses of the measurement. (2)\tIf the vessel is not a British registered vessel or a vessel registered under 13any law for the time being in force for the registration of vessels in Bangladesh, and the owner or master thereof fails to satisfy the conservator as to what is her true tonnage according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of British vessels, the conservator shall cause the vessel to be measured and the tonnage thereof to be ascertained, according to the mode aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses of the measurement. (3)\tIf the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of measurement mentioned in clauses (1) and (2), the tonnage of the vessel shall be determined by the conservator on such an estimate as may seem to him to be just.",
"name": "Ascertainment of tonnage of vessel liable to port-dues",
"related_acts": "",
"section_id": 42
},
{
"act_id": 89,
"details": "42. If the master of any vessel in respect of which any port-dues, fees or other charges are payable under this Act, refuses or neglects to pay the same on demand, the authority appointed to receive such port-dues, fees or other charges may distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part thereof, and detain the same until the amount due is paid; and in case any part of the port-dues, fees or other charges or of the costs of the distress or arrest or of the keeping of the vessel or other thing distrained or arrested, remains unpaid for the space of five days next after any such distress or arrest, may cause the vessel or other thing distrained or arrested to be sold, and with the proceeds of such sale may satisfy the port-dues, fees or other charges and the costs including the costs of sale remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand.",
"name": "Distraint and sale on refusal to pay port-charges",
"related_acts": "",
"section_id": 43
},
{
"act_id": 89,
"details": "43. The officer of the Government whose duty it is to grant a port-clearance for any vessel shall not grant such clearance- (a)\tuntil her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act; (b)\tuntil all expenses, which by the Merchant Shipping Act, 1894, section 207, are to be borne by her owner, incurred since her arrival in the port from which he seeks clearance, have been paid.",
"name": "No port-clearance to be granted until port-charges are paid",
"related_acts": "",
"section_id": 44
},
{
"act_id": 89,
"details": "44. (1) If the master of any vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her to leave any port without having paid the sum, the authority appointed to receive port-dues, fees and other charges at the port under this Act may require in writing the authority appointed to receive port-dues, fees and other charges under this Act at any other port in Bangladesh to which she may proceed, or in which she may be, to levy the sum. (2) The authority to whom the requisition is directed shall proceed to levy such sum in the manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to receive port-dues, fees and other charges at the port where such sum as is mentioned in the last foregoing section became payable stating the amount payable, shall be sufficient prima facie proof of such amount in any proceeding under section 42 and also (in case the amount payable is disputed) in any subsequent proceeding under section 59.",
"name": "Port-charges payable in one port recoverable at any other port",
"related_acts": "",
"section_id": 45
},
{
"act_id": 89,
"details": "45. (1) If the master of a vessel evades the payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may extend to five times the amount of the sum. (2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate as is mentioned in section 44, sub-section (2), staining that the master has evaded such payment, shall be sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. (3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may be found, shall be deemed to have jurisdiction in any proceeding under this section.",
"name": "Penalty for evading payment of port-charges",
"related_acts": "",
"section_id": 46
},
{
"act_id": 89,
"details": "46. A vessel entering any port subject to this Act in ballast and not carrying passengers shall be charged with a port-due at a rate to be determined by the Government and not exceeding three-fourths of the rate with which she would otherwise be chargeable.",
"name": "Port-due on vessels in ballast",
"related_acts": "",
"section_id": 47
},
{
"act_id": 89,
"details": "47. When a vessel enters a port subject to this Act, but does not discharge or take in any cargo or passengers therein (with the exception of such unshipment and reshipment as may be necessary for purposes of repair), she shall be charged with a port-due at a rate to be determined by the Government and not exceeding half the rate with which she would otherwise be chargeable.",
"name": "Port-due on vessels not discharging or taking in cargo",
"related_acts": "",
"section_id": 48
},
{
"act_id": 89,
"details": "48. No port-due shall be chargeable in respect of- (a)\tany pleasure-yacht, or (b) \tany vessel which, having left any port, is compelled to re-enter it by stress of weather or in consequence of having sustained any damage,",
"name": "Port-due not to be chargeable in certain cases",
"related_acts": "",
"section_id": 49
},
{
"act_id": 89,
"details": "49. (1) The Government may, by notification in the official Gazette, order that there shall be paid in respect of every vessel entering any port subject to this Act, within a reasonable distance of which there is a public hospital or dispensary suitable for the reception or relief of seamen requiring medical aid, such further port-dues not exceeding 14six poisha per ton as the Government thinks fit. (2) Such port-dues shall be called hospital port-dues, and the Government shall, in making any order under sub-section (1), have regard to any contributions made under section 36, sub-section (5), clause (d). (3) An order imposing of increasing hospital port-dues shall not take effect till the expiration of sixty days from the day on which the order was published in the official Gazette. (4) Whenever the Government is satisfied that proper provision has been made by the owners or agents of any class of vessels for giving medical aid to the seamen employed on board such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may, by notification in the official Gazette, exempt such class of vessels from any payment under this section.",
"name": "Power to impose hospital port-dues",
"related_acts": "",
"section_id": 50
},
{
"act_id": 89,
"details": "50. (1) Hospital port-dues shall be applied, as the Government may direct, to the support of any such hospital or dispensary as aforesaid, or otherwise for providing sanitary superintendence and medical aid for the shipping in the port in which they are levied and for the seamen belonging to the vessels therein, whether such seamen are ashore or afloat. (2) The Government shall publish annually in the official Gazette, as soon after the first day of 15July as may be, an account, for the past financial year, of the sums received as hospital port-dues at each port where such dues are payable, and of the expenditure charged against those receipts. (3) Such account shall be published as a supplement to the abstract published under section 36, sub-section (2).",
"name": "Application and account of hospital port-dues",
"related_acts": "",
"section_id": 51
},
{
"act_id": 89,
"details": "51. (1) The master of every inward or outward bound vessel, on arriving within signal distance of any signal-station established within the limits of any part of a river or channel leading to a port subject to this Act, shall, on the requisition of the pilot in charge of the vessel, signify the name of the vessel by hoisting the number by which she is known, or by adopting such other means to this end as may be practicable and usual, and shall keep the signal flying until it is answered from the signal-station. (2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand taka.",
"name": "Master to hoist number of vessel",
"related_acts": "",
"section_id": 52
},
{
"act_id": 89,
"details": "52. (1) Every pilot in charge of a vessel shall require the number of the vessel to be duly signaled as provided by the last foregoing section. (2) When, on such requisition from the pilot, the master refuses to hoist the number of a vessel, or to adopt such other means of making her name known as may be practicable and usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse to proceed on his course until the requisition has been complied with.",
"name": "Pilot to require master to hoist number",
"related_acts": "",
"section_id": 53
},
{
"act_id": 89,
"details": "53. Any pilot in charge of a vessel who disobeys, or abets disobedience to, any of the provisions of this Chapter, shall be punishable with fine which may extend to five hundred taka for each instance of such disobedience or abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn.",
"name": "Penalty on pilot disobeying provisions of this Chapter",
"related_acts": "",
"section_id": 54
},
{
"act_id": 89,
"details": "54. If any person disobeys any rule or order which a Government has made in pursuance of this Act and for the punishment of disobedience to which express provision has not been made elsewhere in this Act, he shall be punishable for every such offence with fine which may extend to one hundred taka.",
"name": "Penalty for disobedience to rules and orders of the Government",
"related_acts": "",
"section_id": 55
},
{
"act_id": 89,
"details": "55. All offences against this Act shall be triable by a Magistrate, and any Magistrate may, by warrant under his hand, cause the amount of any fine imposed upon the owner or master of any vessel, for any offence committed on board of the vessel or in the management thereof or otherwise in relation thereto, whereof the owner or master is convicted, to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary.",
"name": "Offences how triable, and penalties how recovered",
"related_acts": "",
"section_id": 56
},
{
"act_id": 89,
"details": "56. (1) In case of any conviction under this Act, the convicting Magistrate may order the offender to pay the costs of the conviction in addition to any fine or expenses to which he may be liable. (2) Such costs may be assessed by the Magistrate and may be recovered in the same manner as any fine under this Act.",
"name": "Costs of conviction",
"related_acts": "",
"section_id": 57
},
{
"act_id": 89,
"details": "57. (1) If any dispute arises as to the sum to be paid in any case as expenses or damages under this Act, it shall be determined by a Magistrate upon application made to him for that purpose by either of the disputing parties. (2) Whenever any person is liable to pay any sum, not exceeding one thousand taka, as expenses or damages under this Act, any Magistrate, upon application made to him by the authority to whom the sum is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if it were a fine.",
"name": "Ascertainment and recovery of expenses and damages payable under this Act",
"related_acts": "",
"section_id": 58
},
{
"act_id": 89,
"details": "58. Whenever any fine, expenses or damages is or are levied under this Act by distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses or damages, and in the same manner.",
"name": "Cost of distress",
"related_acts": "",
"section_id": 59
},
{
"act_id": 89,
"details": "59. If any dispute arises concerning the amount leviable by any distress or arrest under this Act or the costs payable under the last foregoing section, the person making the distress or using the arrest may detain the goods distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has been determined by a Magistrate, who, upon application made to him for that purpose, may determine the amount, and award such costs to be paid by either of the parties to the other of them as he thinks reasonable, and payment of such costs, if not paid on demand, shall be enforced as if they were a fine.",
"name": "Magistrate to determine the amount to be levied in case of dispute",
"related_acts": "",
"section_id": 60
},
{
"act_id": 89,
"details": "60. (1) Any person offending against the provisions of this Act in any port subject to this Act shall be punishable by any Magistrate having jurisdiction over any district or place adjoining the port. (2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits, and, in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.",
"name": "Jurisdiction over offences beyond local limits of jurisdiction",
"related_acts": "",
"section_id": 61
},
{
"act_id": 89,
"details": "61. (1) No conviction, order or judgment of any Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it proceeds. (2) If no jurisdiction appears on the face of the conviction, order or judgment, but the depositions taken supply that defect, the conviction, order or judgment shall be aided by what so appears in the depositions.",
"name": "Conviction to be quashed on merits only",
"related_acts": "",
"section_id": 62
},
{
"act_id": 89,
"details": "62. (1) If any vessel belonging to any citizens of Bangladesh or any Commonwealth citizen, or sailing under Bangladesh or British colours, hoists, carries or wears, withinthe limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on board such vessel has been prohibited by 16any law in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine which may extend to fifty taka. (2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence. (3) The conservator of the port, or any officer of the Bangladesh Navy, may enter on board any such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn on board the same.",
"name": "Hoisting unlawful colours in port",
"related_acts": "",
"section_id": 63
},
{
"act_id": 89,
"details": "63. Any Magistrate, upon an application being made to him by the Consul of any Foreign Power to which section 238 of the Merchant Shipping Act, 1894, has, by an Order in Council or order, been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon compliant on oath of the desertion of any seaman, not being a slave, from any vessel of such Foreign Power, may, until a revocation of such Order in Council or order has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs, or, at the instance of the Consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month: Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks.",
"name": "Foreign deserters",
"related_acts": "",
"section_id": 64
},
{
"act_id": 89,
"details": "64. (1) The provisions of sections 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the Government to be ports for the shipment and landing of goods but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary jurisdiction any such port is subject. (2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57. (3) In any of the said ports for the shipment and landing of goods the consent referred to in section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the Government.",
"name": "Application of sections 10 and 21",
"related_acts": "",
"section_id": 65
},
{
"act_id": 89,
"details": "65. Any local authority in which any immoveable property in or near a port is vested may, with the previous sanction, 17of the Government, appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors' home or other institution for the health, recreation and temporal well-being of sailors.",
"name": "Grant of sites for sailors’ institutes",
"related_acts": "",
"section_id": 66
},
{
"act_id": 89,
"details": "66. (1) All acts, orders or directions by this Act authorized to be done or given by any conservator may, subject to his control, be done or given by any harbour-master or any deputy or assistant of such conservator or harbour-master. (2) Any person authorised by this Act to do any act may call to his aid such assistance as may be necessary.",
"name": "Exercise of powers of conservator by his assistants",
"related_acts": "",
"section_id": 67
},
{
"act_id": 89,
"details": "67. Any written notice of a direction given under this Act, left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the master thereof.",
"name": "Service of written notices of directions",
"related_acts": "",
"section_id": 68
},
{
"act_id": 89,
"details": "68. Every declaration, order and rule of a Government made in pursuance of this Act shall be published in the official Gazette, and a copy thereof shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee.",
"name": "Publication of orders of Government",
"related_acts": "",
"section_id": 69
},
{
"act_id": 89,
"details": "1868A. Every authority exercising any powers or jurisdiction in, or relating to any port to which this Act for the time being applies shall, if so required by an officer authorised by general or special order of the Government in this behalf, co-operate in such manner as such officer may direct, in carrying out any manoeuvres in connection with any scheme or preparations for the defence of the said port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such officer the services of any of its staff and the use of any of its vessels, property, equipment or other material: Provided, firstly, that if any vessels are placed at the disposal of such officer in accordance with this section, the Government shall, in respect of the period during which they are so at his disposal, bear the running expenses of such vessels, and be responsible for any damage thereto. Explanation.-The expression “running expenses” in this proviso includes all outlay incurred in connection with the use of the vessels other than any charges for their hire, or for the wages of the officers and crews of such vessels: Provided, secondly, that any officer making a requisition under this section shall exercise his powers in such a way as to cause as little disturbance to the ordinary business of the port as is compatible with the exigencies of the efficient carrying out of the manoeuvres: Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section.",
"name": "Authorities exercising jurisdiction in ports to co-operate in manoeuvres for defence of port",
"related_acts": "",
"section_id": 70
},
{
"act_id": 89,
"details": "68B. Whenever the Government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorise any officer to require the said authorities to perform such duties until the Government is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely:- The Government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the Government, and the decision of such person shall be final.",
"name": "Duties of the said authorities in an emergency",
"related_acts": "",
"section_id": 71
},
{
"act_id": 89,
"details": "69. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 72
}
],
"text": "1♣An Act to consolidate the Enactments relating to Ports and Port-charges. WHEREAS it is expedient to consolidate the enactments relating to ports and port-charges; It is hereby enacted as follows:-"
} |
{
"id": 90,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “Pakistan”, “Provincial Government” or “Central Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (2a) was inserted by section 2 of the Registration (Amendment) Ordinance, 1961 (Ordinance No. XXXII of 1961).",
"3 The words \"High Court Division\" were substituted, for the words \"High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"Bangladesh\" was substituted, for the words \"the territories subject to such Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 The word \"Republic\" was substituted, for the word \"State\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word “Bengali” was substituted, for the words “in such other language as the Provincial Government directs” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The words, letters, figures and commas “Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 Clause (aa) was inserted by section 3 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"9 Clause (aaa) was inserted by section 2 of The Registration (Amendment) Act, 2012 (Act No. XLI of 2012). (with effect from 7th October 2012)",
"10 The words and comma “of the value of one hundred taka and upwards,” were omitted by section 2 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"11 Clause (cc) was inserted by section 3 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"12 The words and comma “of the value of one hundred taka and upwards,” were omitted by section 2 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"13 Clauses (f) and (g) were added by section 3 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"14 The words and comma “of the value of one hundred taka and upwards,” were omitted by section 2 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"15 Explanation of sub-section (2) of section 17 was omitted by section 3 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"16 Sections 17A. and 17B. were inserted by section 4 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"17 Section 22A was inserted by section 5 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004)",
"18 The colon “ : ” was substituted for the full-stop “ . ” at the end of sub-section (2) of section 22A and thereafter the proviso was added by section 2 of The Registration (Amendment) Act, 2006 (Act No. XXVII of 2006).",
"19 The words “three months” were substituted, for the words “four months” by section 6 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"20 The words “three months” were substituted, for the words “four months” by section 6 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"21 The words “three months” were substituted, for the words “four months” by section 6 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004).",
"22 Section 23A was inserted by section 2 of the Indian Registration (Amendment) Act, 1917 (Act No. XV of 1917)",
"23 The words “major portion” were substituted, for the words “some portion” by section 2 of the Registration (Amendment) Ordinance, 1985 (Ordinance No. L of 1985).",
"24 A colon was substituted for the full-stop at the end of sub-section (1) and thereafter the proviso was added by section 2 of the Registration (Amendment) Ordinance, 1985 (Ordinance No. L of 1985).",
"25 The words, commas and figure “the Succession Act, 1925,” were substituted, for the words, commas and figures “section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate Administration Act, 1881,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"26 The words “Civil Judge or” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"27 The words \"Assistant Judge\" were substituted, for the words \"MUnsif\" by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. 14 of 1987).",
"28 Section 52A. was inserted by section 7 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004)",
"29 The word \"and\" was omitted by section 8 of the Finance Act, 2002 (Act No. XIV of 2002).",
"30 The word ``and`` was omitted by section 8 of the Finance Act, 2002 (Act No. XIV of 2002).",
"31 A semi-colon was substituted for the full-stop at the end of clause (j) and thereafter a new clause (k) was added by section 8 of the Finance Act, 2002 (Act No. XIV of 2002).",
"32 The words and commas \"in the case of the Province of East Pakistan, and in Urdu in the case of the Province of West Pakistan,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 Section 78A was inserted by section 8 of the Registration (Amendment) Act, 2004 (Act No. XXV of 2004)",
"34 Clause (bb) was inserted by section 3 of The Registration (Amendment) Act, 2012 (Act No. XLI of 2012).(with effect from 7th October 2012)",
"35 Section 78B was inserted by section 3 of The Registration (Amendment) Act, 2006 (Act No. XXVII of 2006).",
"36 The word “Bengali” was substituted, for the words “the vernacular language of the district” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 The words \"Penal Code\" were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"38 Section 82A was inserted by section 10 of the Bengal Registration (Amendment) Act, 1942 (Act No. V of 1942)",
"39 The words \"Penal Code\" were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"40 The words \"Penal Code\" were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"41 The word \"Bangladesh\" was substituted, for the words \"East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"42 The words \"the Supreme Court\" were substituted, for the words “a High Court” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"43 The words, commas and figures “or in the Indian Registration Act, 1877, or in the Indian Registration Act, 1871 or in any Act thereby repealed,” were omitted by section 3 and 2nd Schedule of Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Registration Act, 1908",
"num_of_sections": 116,
"published_date": "18th December, 1908",
"related_act": [
138,
24,
292,
36,
293,
430,
48,
51,
53,
454,
75,
86,
90,
99,
100,
101,
102,
103,
104,
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107,
108,
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111,
112,
113,
114
],
"repelled": false,
"sections": [
{
"act_id": 90,
"details": "1. (1) This Act may be called the Registration Act, 1908. (2) It extends to the whole of Bangladesh, except such districts or tracts of country as the Government may exclude from its operation. (3) It shall come into force on the first day of January, 1909.",
"name": "Short title, extent and commencement",
"related_acts": "90",
"section_id": 1
},
{
"act_id": 90,
"details": "2. In this Act, unless there is anything repugnant in the subject or context, (1) \t“addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described, and his father's name, or where he is usually described as the son of his mother, then his mother's name: (2) \t“book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book: 2(2a) “co-operative society” means a co-operative society registered under the Co-operative Societies Act, 1912, or under any other law for the time being in force relating to the registration of co-operative societies. (3) \t“district” and “sub-district” respectively mean a district and sub-district formed under this Act: (4) \t“District Court” includes the 3High Court Division in its ordinary original civil jurisdiction: (5) \t“endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act: (6) \t“immoveable property” includes land, buildings, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth, hereditary allowances, rights to ways, lights, ferries and fisheries but does not include (a) \tstanding timber, growing crops or grass whether immediate severance thereof it intended or not; (b) \tfruit upon and juice in trees whether in existence or to grow in future; and (c) \tmachinery embedded in or attached to the earth, when dealt with apart from the land: (7) \t“lease” includes a counter-part, kabuliyat and an undertaking to cultivate or occupy: (8) \t“minor” means a person who, according to the personal law to which he is subject, has not attained majority: (9) \t“moveable property” means property of every description, except immoveable property: (10) \t“representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot: and (11) \t“tout' means a person (a) \twho habitually frequents the precincts of a registration office, without a licence granted to him under the rules made under section 80G, for the purpose of obtaining employment for himself or for any other person in connection with any registration business; or (b) \twho is declared to be deemed to be a tout for the purposes of this Act by rules made under section 80G;",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 90,
"details": "3. (1) The Government shall appoint an officer to be the Inspector-General of Registration for 4Bangladesh: Provided that the Government may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the Government appoints in this behalf. (2) Any Inspector-General may hold simultaneously any other office in the service of the 5Republic.",
"name": "Inspector-General of Registration",
"related_acts": "",
"section_id": 3
},
{
"act_id": 90,
"details": "4. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 4
},
{
"act_id": 90,
"details": "5. (1) For the purposes of this Act, the Government shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts. (2) The districts and sub-districts formed under this section, together with the limits thereof, and every alteration of such limits shall be notified in the official Gazette. (3) Every such alteration shall take effect on such day after the date of the notification as is therein mentioned.",
"name": "Districts and sub-districts",
"related_acts": "",
"section_id": 5
},
{
"act_id": 90,
"details": "6. The Government may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively.",
"name": "Registrars and Sub-Registrars",
"related_acts": "",
"section_id": 6
},
{
"act_id": 90,
"details": "7.(1) Government shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars. (2) The Government may amalgamate with any office of a Registrar any office of a Sub-Registrar subordinate to such Registrar, and may authorize any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and duties of the Registrar to whom he is subordinate: Provided that no such authorization shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.",
"name": "Offices of Registrar and Sub-Registrar",
"related_acts": "",
"section_id": 7
},
{
"act_id": 90,
"details": "8. (1) The Government may also appoint officers, to be called inspectors of Registration-offices, and may prescribe the duties of such officers. (2) Every such Inspector shall be subordinate to the Inspector-General.",
"name": "Inspectors of Registration-offices",
"related_acts": "",
"section_id": 8
},
{
"act_id": 90,
"details": "9. Repealed by section 3 and 2nd Schedule of the Repealing and Amending Act, 1927 (Act No. X of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 9
},
{
"act_id": 90,
"details": "10. (1) When any Registrar, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar's office is situate, shall be the Registrar during such absence or until the Government fills up the vacancy. (2) Omitted by the Adaptation of Central Acts and Ordinance Order, 1949.",
"name": "Absence of Registrar or vacancy in his office",
"related_acts": "",
"section_id": 10
},
{
"act_id": 90,
"details": "11. When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72.",
"name": "Absence of Registrar on duty in his district",
"related_acts": "",
"section_id": 11
},
{
"act_id": 90,
"details": "12. When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until the vacancy is filled up.",
"name": "Absence of Sub-Registrar or vacancy in his office",
"related_acts": "",
"section_id": 12
},
{
"act_id": 90,
"details": "13. (1) All appointments made under section 10, section 11 or section 12 shall be reported to the Government by the Inspector-General. (2) Such report shall be either special or general, as the Government directs.",
"name": "Report to Government of appointments under sections 10, 11 and 12",
"related_acts": "",
"section_id": 13
},
{
"act_id": 90,
"details": "14. (1) Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. (2) The Government may allow proper establishments for the several offices under this Act.",
"name": "Establishments of registering officers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 90,
"details": "15. The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and 6Bengali:- “The seal of the Registrar (or of the Sub-Registrar) of .”",
"name": "Seal of registering officers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 90,
"details": "16. (1) The Government shall provide for the office of every registering officer the books necessary for the purposes of this Act. (2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General with the sanction of the Government, and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title-page by the officer by whom such books are issued. (3) The Government shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.",
"name": "Register-books and fire-proof boxes",
"related_acts": "",
"section_id": 16
},
{
"act_id": 90,
"details": "17B. (1) Where a contract for sale of immovable property is executed but not registered prior to coming into force of section 17A- (a)\tthe parties to the contract shall, within six months from the date of coming into force of that section,- (i)\tpresent the instrument of sale of immovable property under the contract for registration, or (ii)\tpresent the contract for sale itself for registration; or, (b)\teither of the parties, if aggrieved for non compliance with any of the provisions mentioned in clause (a), shall, notwithstanding anything contained to the contrary in any law for the time being in force as to the law of Limitation, institute a suit for specific performance or recession of the contract within six months next after the expiry of the period mentioned in clause (a), failing which the contract shall stand void. (2) The provision of sub-section (1) shall not apply to any contract for sale of immovable property on the basis of which a suit has been instituted in a civil court before coming into force of section 17A.",
"name": "Effect of unregistered contract for sale executed prior to section 17A becomes effective",
"related_acts": "",
"section_id": 17
},
{
"act_id": 90,
"details": "17. (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, 7* * * this Act came or comes into force, namely:- (a) instruments of gift of immoveable property; 8(aa) \tdeclaration of heba under the Muslim Personal Law (Shariat); 9(aaa) declaration of gift under the Hindu, Christian and Buddhist Personal Law; (b)\tother non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, 10* * * to or in immoveable property; Explanation − In the case of an assignment of a mortgage the consideration for the deed of assignment shall be deemed to be the value for registration. (c)\tNon-testamentary instruments (other than the acknowledge-ment of a receipt or payment made in respect of any transaction to which an instrument registered under clause (o) relates) which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and 11(cc) \tinstrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882; (d)\tleases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent; (e)\tnon-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, 12* * * to or in immoveable property; 13(f)\tinstrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws; (g)\tinstrument of sale in pursuance of an order of the Court under section 96 of the State Acquisition and Tenancy Act, 1950: Provided that the Government may, by order published in the official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty taka. (2) Nothing in clauses (b) and (c) of sub-section (1) applies to- (i)\tany composition deed; or (ii)\tany instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immoveable property; or (iii)\tany debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immoveable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv)\tany endorsement upon or transfer of any debenture issued by any such Company; or (v)\tany document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest 14* * * to or in immoveable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or (vi)\tany decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject-matter of the suit or proceeding; or (vii)\tany grant of immoveable property by the Government; or (viii)\tany instrument of partition made by a Revenue-officer; or (ix)\tany order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or (x)\tany order granting a loan under the Agriculturists' Loans Act, 1884, the Bangladesh Krishi Bank Order, 1973 or under any other law for the time being in force relating to the advancement of loans for agricultural purposes, or any instrument under which a loan is granted by a co-operative society for any such purpose, or any instrument made for securing the repayment of a loan so granted; or (xi)\tany endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage; or (xii)\tany certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-officer; or (xiii)any counter-part of a lease, where the lease corresponding thereto has itself been registered. 15* * * (3) Authorities to adopt a son, executed after the first day of January 1872, and not conferred by a will, shall also be registered.",
"name": "Documents of which registration is compulsory",
"related_acts": "48,51,53,454",
"section_id": 18
},
{
"act_id": 90,
"details": "1617A. (1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, a contract for sale of any immovable property shall be in writing, executed by the parties thereto and registered. (2) A contract for sale referred to in sub-section (1) shall be presented for registration within thirty days from the date of execution of the contract and the provisions regarding registration of instruments shall apply.",
"name": "Registration of contract for sale, etc.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 90,
"details": "18. Any document not required to be registered under section 17 may also be registered under this Act.",
"name": "Documents of which registration is optional",
"related_acts": "",
"section_id": 20
},
{
"act_id": 90,
"details": "19. If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.",
"name": "Documents in language not understood by registering officer",
"related_acts": "",
"section_id": 21
},
{
"act_id": 90,
"details": "20. (1) The registering officer may in his discretion refuse to accept for registration any document in which any interlineations, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineations, blank, erasure or alteration. (2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.",
"name": "Documents containing interlineations, blanks erasures or alterations",
"related_acts": "",
"section_id": 22
},
{
"act_id": 90,
"details": "21. (1) No non-testamentary document relating to immoveable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. (2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered. (3) Other houses and lands shall be described by their name, if any, and as being in the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey. (4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.",
"name": "Description of property and maps or plans",
"related_acts": "",
"section_id": 23
},
{
"act_id": 90,
"details": "22. (1) Where it is, in the opinion of the Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described. (2) Save as otherwise provided by any rule made under subsection (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.",
"name": "Description of houses and land by reference to Government maps or surveys",
"related_acts": "",
"section_id": 24
},
{
"act_id": 90,
"details": "1722A. (1) Every instrument of transfer required to be compulsorily registered under this Act shall contain the particulars necessary to convey the intention of the parties, complete description of the properties to be transferred and nature of the transaction. (2) Photographs of both the executant and the recipient shall be pasted on every instrument and the parties shall sign and put their left thumb impressions across their photographs in the instrument18: Provided that if any party is incapable of signing, he shall not be required to sign. (3) The government shall, within three months of coming into force of the Registration (Amendment) Act, 2004 by notification in the official Gazette, prescribe a format for the purposes of this section.",
"name": "Instrument of transfer",
"related_acts": "",
"section_id": 25
},
{
"act_id": 90,
"details": "23. Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within 19three months from the date of its execution: Provided that a copy of a decree or order may be presented within 20three months from the day on which the decree or order was made, or, where it is appealable, within 21three months from the day on which it becomes final.",
"name": "Time for presenting documents",
"related_acts": "",
"section_id": 26
},
{
"act_id": 90,
"details": "2223A. Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from this first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it had not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration: Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.",
"name": "Re-registration of certain documents",
"related_acts": "",
"section_id": 27
},
{
"act_id": 90,
"details": "24. Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.",
"name": "Documents executed by several persons at different times",
"related_acts": "",
"section_id": 28
},
{
"act_id": 90,
"details": "25. (1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in Bangladesh is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration. (2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.",
"name": "Provision where delay in presentation is unavoidable",
"related_acts": "",
"section_id": 29
},
{
"act_id": 90,
"details": "26. When a document purporting to have been executed by all or any of the parties out of Bangladesh is not presented for registration will after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied- (a)\tthat the instrument was so executed, and (b) \tthat it has been presented for registration within four months after its arrival in Bangladesh, may, on payment of the proper registration fee, accept such document for registration.",
"name": "Documents executed out of Bangladesh",
"related_acts": "",
"section_id": 30
},
{
"act_id": 90,
"details": "27. A will may at any time be presented for registration or deposited in manner hereinafter provided.",
"name": "Wills may be presented or deposited at any time",
"related_acts": "",
"section_id": 31
},
{
"act_id": 90,
"details": "28. (1) Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clause (a), (b), (c), (d) and (e), section 17, sub-section (2), and section 18, in so far as such documents affects immoveable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or 23major portion of the property to which such document relates is situate 24: Provided that where the major portion of such property is not situate within one sub-district the document shall be presented for registration in the office of the Sub-Registrar within whose sub-district any portion of such property is situate. (2) Notwithstanding anything contained in sub-section (1),- (a)\tafter a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed; and (b)\ta document the registration of which is secured by the inclusion of a non-existent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of the transaction to which such document relates.",
"name": "Place for registering documents relating to land",
"related_acts": "",
"section_id": 32
},
{
"act_id": 90,
"details": "29. (1) Every document not being a document referred to in section 28 or a copy of a decree or order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the Government at which all the persons executing and claiming under the document desire the same to be registered. (2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immoveable property, in the office of any other Sub-Registrar under the Government at which all the persons claiming under the decree or order desire the copy to be registered.",
"name": "Place for registering other documents",
"related_acts": "",
"section_id": 33
},
{
"act_id": 90,
"details": "30. Omitted by section 3 of the Registration (Amendment) Ordinance, 1985 (Ordinance No. L of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 34
},
{
"act_id": 90,
"details": "31. The presentation, registration or deposit of documents under this Act shall ordinarily be made only at the office of the officer authorized to accept the same for registration or deposit: Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.",
"name": "Registration or acceptance for deposit at private residence",
"related_acts": "",
"section_id": 35
},
{
"act_id": 90,
"details": "32. Except in the cases mentioned in section 89, every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented,- (a)\tby some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or (b)\tby the representative or assign of such person, or (c)\tby the agent of such person, representative or assign, duly authorized by power-of-attorney executed and authenticated in manner hereinafter mentioned.",
"name": "Persons to present documents for registration",
"related_acts": "",
"section_id": 36
},
{
"act_id": 90,
"details": "33. (1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:- (a)\tif the principal at the time of executing the power-of-attorney resides in any part of Bangladesh in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides; (b)\tif the principal at the time aforesaid resides in any other part of Bangladesh, a power-of-attorney executed before and authenticated by any Magistrate; (c) \tif the principal at the time aforesaid does not reside in Bangladesh a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the Government: Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:- (i)\tpersons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii)\tpersons who are in jail under civil or criminal process; and (iii)\tpersons exempt by law from personal appearance in Court. (2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid. (3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination. (4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.",
"name": "Power-of-attorney recognizable for purposes of section 32",
"related_acts": "",
"section_id": 37
},
{
"act_id": 90,
"details": "34. (1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. (2) Appearances under sub-section (1) may be simultaneous or at different times. (3) The registering officer shall thereupon- (a)\tenquire whether or not such document was executed by the persons by whom it purports to have been executed; (b)\tsatisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and (c)\tin the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such persons so to appear. (4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is sub-ordinate. (5) Nothing in this section applies to copies of decrees or orders.",
"name": "Enquiry before registration by registering officer",
"related_acts": "",
"section_id": 38
},
{
"act_id": 90,
"details": "35. (1) (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution of the document, or (b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or (c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61, inclusive. (2) the registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office. (3) (a) If any person by whom the document purports to be executed denies its execution, or (b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or (c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead: Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: Provided further that the Government may, by notification in the official Gazette, declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, by deemed to be a Registrar for the purposes of this sub-section and of Part XII.",
"name": "Procedure on admission and denial of execution respectively",
"related_acts": "",
"section_id": 39
},
{
"act_id": 90,
"details": "36. If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion call upon such officer or Court as the Government directs in this behalf to issue a summons requiring him to appear at the registration-office, either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named therein.",
"name": "Procedure where appearance of executant or witness is desired",
"related_acts": "",
"section_id": 40
},
{
"act_id": 90,
"details": "37. The officer or Court, upon receipt of the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required.",
"name": "Officer or Court to issue and cause service of summons",
"related_acts": "",
"section_id": 41
},
{
"act_id": 90,
"details": "38. (1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or (c) persons exempt by law from personal appearance in Court, and who would but for the provision next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.",
"name": "Persons exempt from appearance at registration-office",
"related_acts": "",
"section_id": 42
},
{
"act_id": 90,
"details": "39. The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.",
"name": "Law as to summonses, commissions and witnesses",
"related_acts": "",
"section_id": 43
},
{
"act_id": 90,
"details": "40. (1) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration. (2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any registrar or Sub-Registrar for registration.",
"name": "Persons entitled to present Wills and authorities to adopt",
"related_acts": "",
"section_id": 44
},
{
"act_id": 90,
"details": "41. (1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document. (2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied- (a) \tthat the will or authority was executed by the testator or donor, as the case may be; (b) \tthat the testator or donor is dead; and (c) \tthat the person presenting the will or authority is, under section 40, entitled to present the same.",
"name": "Registration of wills and authorities to adopt",
"related_acts": "",
"section_id": 45
},
{
"act_id": 90,
"details": "42. (1) Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document. (2) The testator shall also endorse on the cover the name and address of the person to whom the original document shall be delivered after registration thereof, after his death.",
"name": "Deposit of wills",
"related_acts": "",
"section_id": 46
},
{
"act_id": 90,
"details": "43. (1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover. (2) The Registrar shall then place and retain the sealed cover in his fire-proof box.",
"name": "Procedure on deposit of wills",
"related_acts": "",
"section_id": 47
},
{
"act_id": 90,
"details": "44. If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.",
"name": "Withdrawal of sealed cover deposited under section 42",
"related_acts": "",
"section_id": 48
},
{
"act_id": 90,
"details": "45. (1) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, upon the cover, and, at the applicant's expense, cause the contents thereof to be copied in to his book No. 3 and then deliver the deposited will to the nominee of the testator or his representative. (2) If, in respect of any will deposited no steps are taken by the testator or other person under section 44 or sub-section (1) of this section, the Registrar shall follow the procedure hereinafter provided for the disposal of such will or sealed cover.",
"name": "Proceedings on death of depositor",
"related_acts": "",
"section_id": 49
},
{
"act_id": 90,
"details": "46. (1) Nothing hereinbefore contained shall affect the provisions of 25the Succession Act, 1925, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied in to his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.",
"name": "Saving of certain enactments and powers of Courts",
"related_acts": "138",
"section_id": 50
},
{
"act_id": 90,
"details": "2646A. (1) Any will in deposit with a Registrar at the commencement of the Registration (Amendment) Ordinance, 1962, and any will thereafter deposited may be destroyed after following the procedure hereinafter provided, if the will is not registered before such destruction. (2) Every registering officer shall on the first day of July in the year next after the commencement of the Registration (Amendment) Ordinance, 1962, and on the first day of July in every succeeding third year, send by post a notice to every depositor and his nominee, inquiring about the depositor's present address and shall enter on the cover and in his registers any new address supplied in response to such notice. (3) If, as a result of such notice or in any other manner, the Registrar is satisfied that the testator has died, the Registrar shall, after making an entry in his books as to the death of the testator and the nature of the information on which he has acted, open the cover in the presence of a judicial officer (not below the rank of 27* * * Assistant Judge. He shall thereupon issue a notice to the executor, if any, and also to such other person or persons deriving any benefit under the will as the two officers may determine, informing them about the existence of the will and also that unless steps are taken within a period of six months therefrom for registration of the will the document shall be liable to be destroyed. (4) Notwithstanding the expiry of the period specified in the notice, until the will is actually destroyed in accordance with the provision of the Destruction of Records Act, 1917, the registration of the same can be effected, at the request of the person entitled thereto, on payment of the proper charges.",
"name": "Destruction of Wills",
"related_acts": "106",
"section_id": 51
},
{
"act_id": 90,
"details": "47. A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.",
"name": "Time from which registered document operates",
"related_acts": "",
"section_id": 52
},
{
"act_id": 90,
"details": "48. All non-testamentary documents duly registered under this Act, and relating to any property, whether moveable or immoveable shall take effect against any oral agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession and the same constitutes a valid transfer under any law for the time being in force: Provided that a mortgage by deposit or title-deeds as defined in section 58 of the Transfer of Property Act, 1882, shall take effect against any mortgage-deed subsequently executed and registered which relate to the same property.",
"name": "Registered documents relating to property when to take effect against oral agreements",
"related_acts": "48",
"section_id": 53
},
{
"act_id": 90,
"details": "49. No document required to be registered under this Act or under any earlier law providing for or relating to registration of documents shall- (a)\toperate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immoveable property, or (b)\tconfer any power to adopt, unless it has been registered.",
"name": "Effect of non-registration of documents required to be registered",
"related_acts": "",
"section_id": 54
},
{
"act_id": 90,
"details": "50. (1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and every document registrable under section 18, in so far as such document affects immoveable property or acknowledges the receipt or payment of any consideration in respect of any transaction relating to immoveable property, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not: Provided that the person in possession of the property under an unregistered document prior in date, would be entitled to the rights under section 53A of the Transfer of Property Act, 1882 if the conditions of that section are fulfilled: Provided further that the person in whose favour an unregistered document is executed shall be entitled to enforce the contract under the unregistered document in suit for specific performance against a person claiming under a subsequent registered document, subject to the provisions of clause (b) of section 27 of the Specific Relief Act, 1877. (2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act. Explanation - Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Certain registered documents relating to land to take effect against unregistered documents",
"related_acts": "48,36,430",
"section_id": 55
},
{
"act_id": 90,
"details": "51. (1) The following books shall be kept in the several offices hereinafter named, namely:- A-In all registration offices- Book 1, “Register of on-testamentary documents relating to immoveable property”; Book 2, “Record of reasons for refusal to register”; Book 3, “Register of wills and authorities to adopt”; and Book 4, “Miscellaneous Register”; B-In the offices of Registrars- Book 5, Register of deposits of wills.” (2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immoveable property, and are not wills. (3) In Book 4 shall be entered all documents registered under section 18 which do not relate to immoveable property. (4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar. (5) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in danger of being destroyed or becoming illegible wholly partially, the Registrar may, by a written order, direct such book or portion thereof as he thinks fit, to be recopied and authenticated in such manner as may be prescribed by rules, and the copy prepared and authenticated under such direction shall, for all purposes of this Act and of the Evidence Act, 1872, be deemed to be the original book or portion and all references in this Act to the original book shall be deemed to be to the book or portion so recopied and authenticated.",
"name": "Register-books to be kept in the several offices",
"related_acts": "24",
"section_id": 56
},
{
"act_id": 90,
"details": "52. (1) (a) The day, hour and place of presentation, and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it; (b) a receipt for such document shall be given by the registering officer to the person presenting the same; and (c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission. (2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the inspector-General.",
"name": "Duties of registering officers when document presented",
"related_acts": "",
"section_id": 57
},
{
"act_id": 90,
"details": "2852A. Upon presentation of an instrument of sale of any immovable property, the Registering Officer shall not register the instrument unless the following particulars are included in and attached with the instrument, namely- (a)\tthe latest khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller, if he is owner of the property otherwise than by inheritance; (b)\tthe latest Khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller or his predecessor, if he is owner of the property by inheritance; (c)\tnature of the property; (d)\tprice of the property; (e)\ta map of the property together with the axes and boundaries; (f)\ta brief description of the ownership of the property for last 25 (twenty-five) years; and (g)\tan affidavit by the executant affirming that he has not transferred the property to any person before execution of this instrument and that he has lawful title thereto.",
"name": "Registering Officer not to register unless certain particulars are included in an instrument of sale",
"related_acts": "",
"section_id": 58
},
{
"act_id": 90,
"details": "53. All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.",
"name": "Entries to be numbered consecutively",
"related_acts": "",
"section_id": 59
},
{
"act_id": 90,
"details": "54. In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, on field a memorandum of, the document to which it relates.",
"name": "Current indexes and entries therein",
"related_acts": "",
"section_id": 60
},
{
"act_id": 90,
"details": "55. (1) Four such indexes shall be made in all registration-offices, and shall be named, respectively, Index No. I, Index No. II, Index No. III and Index No. IV. (2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1. (3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf. (4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same. (5) Index No. IV shall contain the name and additions of all persons executing and of all persons claiming under every document entered in Book No. 4. (6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs. (7) If, in the opinion of the Registrar, any of the indexes mentioned in sub-section (1) is in danger of being destroyed or becoming illegible wholly or partially, the Registrar may, by a written order, direct such index or portion thereof, as he thinks fit, to be recopied in such manner as may be prescribed by rules, and any copy so prepared shall, for the purposes of this Act and of the Evidence Act, 1872, be deemed to be the original index or portion and all references in this Act to the original index or portion shall be deemed to be references, to the index or portion prepared as aforesaid.",
"name": "Indexes to be made by registering officers, and their contents",
"related_acts": "24",
"section_id": 61
},
{
"act_id": 90,
"details": "56. Repealed by section 2 of the Indian Registration (Amendment) Act, 1929 (Act No. XV of 1929).",
"name": "Repealed",
"related_acts": "",
"section_id": 62
},
{
"act_id": 90,
"details": "57. (1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies. (2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. (3) Subject to the same provision, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative. (4) The requisite search under this section for entries in Books Nos. 3 and 4 shall be made only by the registering officer. (5) All copies given under this section shall for entries in Books Nos. 3 and 4 shall be made only by the registering officer.",
"name": "Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries",
"related_acts": "",
"section_id": 63
},
{
"act_id": 90,
"details": "58. (1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars namely:- (a)\tthe signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent; (b)\tthe signature and addition of every person examined in reference to such document under any of the provisions of this Act; and (c)\tany payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. (2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.",
"name": "Particulars to be endorsed on document admitted to registration",
"related_acts": "",
"section_id": 64
},
{
"act_id": 90,
"details": "59. The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day.",
"name": "Endorsements to be dated and signed by registering officer",
"related_acts": "",
"section_id": 65
},
{
"act_id": 90,
"details": "60. (1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “registered,” together with the number and page of the book in which the document has been copied. (2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in section 59 have occurred as therein mentioned.",
"name": "Certificate of registration",
"related_acts": "",
"section_id": 66
},
{
"act_id": 90,
"details": "61. (1) The endorsements and certificate referred to and mentioned in section 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1. (2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.",
"name": "Endorsements and certificate to be copied and document returned",
"related_acts": "",
"section_id": 67
},
{
"act_id": 90,
"details": "62. (1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office. (2) The endorsements and certificate respectively mention-ed in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.",
"name": "Procedure on presenting document in language unknown to registering officer",
"related_acts": "",
"section_id": 68
},
{
"act_id": 90,
"details": "63. (1) Every registering officer may at his discretion administer an oath to any person examined by him under the provisions of this Act. (2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer. (3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.",
"name": "Power to administer oaths and record of substance of statements",
"related_acts": "",
"section_id": 69
},
{
"act_id": 90,
"details": "63A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where it appears to the registering officer that the value of any document presented for registration is less than the market value determined in the policy made under section 69, the registering officer shall, for the purpose of realising proper duties and other fees, require the presentant to submit the duties and fees so required and after realising such duties and fees, he shall register the said document. (2) Where it is found upon inspection or otherwise that by non-compliance of the provision of sub-section (1), a document has been registered by a registering officer with improper duties and fees, such non-compliance of the said registering officer shall be deemed to be misconduct and the unpaid amount of duties and fees shall be realised from the concerned registering officer.",
"name": "Procedure where documents not properly valued.",
"related_acts": "",
"section_id": 70
},
{
"act_id": 90,
"details": "64. Every Sub-Registrar on registering a non-testamentary document relating to immoveable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property in situate, and such Sub-Registrar shall file the memorandum in his Book No. 1.",
"name": "Procedure where document relates to land in several sub-districts",
"related_acts": "",
"section_id": 71
},
{
"act_id": 90,
"details": "65. (1) Every Sub-Registrar on registering a non-testamentary document relating to immoveable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate. (2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the Sub-registrars subordinate to him within whose sub-district any part of such property is situate: and every Sub-Registrar receiving such memorandum shall file it in his Book No. 1.",
"name": "Procedure where document relates to land in several districts",
"related_acts": "",
"section_id": 72
},
{
"act_id": 90,
"details": "66. (1) On registering any non-testamentary document relating to immoveable property the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate. (2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate. (3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate. (4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.",
"name": "Procedure after registration of documents relating to land",
"related_acts": "",
"section_id": 73
},
{
"act_id": 90,
"details": "67. Omitted by section 3 of the Registration (Amendment) Ordinance, 1985 (Ordinance No. L of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 74
},
{
"act_id": 90,
"details": "68. (1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate. (2) Every Registrar shall have authority to issue (whether on compliant or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.",
"name": "Power of Registrar to superintend and control Sub-Registrars",
"related_acts": "",
"section_id": 75
},
{
"act_id": 90,
"details": "70. The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.",
"name": "Power of Inspector-General to remit fines",
"related_acts": "",
"section_id": 76
},
{
"act_id": 90,
"details": "69. (1) The Inspector-General shall exercise a general superintendence over all the registration offices in 29Bangladesh and shall have power from time to time to make rules consistent with this Act (a) providing for the safe custody of books, papers and documents; (b) declaring what languages shall be deemed to be commonly used in each district; (c) declaring what territorial divisions shall be recognized under section 21; (d) regulating the amount of fines imposed under sections 25 and 34, respectively; (e) regulating the exercise of the discretion reposed in the registering officer by section 63; (f) regulating the form in which registering officers are to make memoranda of documents; (g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51; (h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively; (i) declaring the holidays that shall be observed in the registration-offices; 30* * * (j) generally, regulating the proceedings of the Registrars and Sub-Registrars 31; (k) framing of policy in respect of determining market value of property under section 63A. (2) The rules so made shall be submitted to the Government for approval, and, after they have been approved, they shall be published in the official Gazette, and on publication shall have effect as if enacted in this Act.",
"name": "Power of Inspector-General to superintend registration offices and make rules",
"related_acts": "",
"section_id": 77
},
{
"act_id": 90,
"details": "New PART XI-A was inserted by section 17 of the Registration (Amendment) Ordinance, 1962 (Ordinance No. XLV of 1962). 70-A. This Part shall apply to such areas only as are specified in a notification issued under section 70-D.",
"name": "Application of this Part",
"related_acts": "",
"section_id": 78
},
{
"act_id": 90,
"details": "70-B. For the purposes of this Part “Photo-Registrar”, means a Photo-Registrar appointed under this Part.",
"name": "Definition",
"related_acts": "",
"section_id": 79
},
{
"act_id": 90,
"details": "70-C. The Government may appoint a Registrar or Sub-Registrar or any other person to be a Photo-Registrar for the performance of duties under this Part: Provided that the Government may, subject to such restrictions and conditions as it thinks fit, delegate the power of appointing Photo-Registrars to the Inspector-General of Registration.",
"name": "Appointment of Photo-Registrars",
"related_acts": "",
"section_id": 80
},
{
"act_id": 90,
"details": "70-D. (1) The Government may, by notification in the official Gazette, direct that in any district or sub-district specified in the notification copies of documents admitted to registration under this Act shall be made by means of Photography. (2) On the issue of such notification it shall be translated into Bengali 32* * * and shall be posted in a conspicuous place at the registration offices affected by the notification.",
"name": "Documents may be photographed in areas notified by Government",
"related_acts": "",
"section_id": 81
},
{
"act_id": 90,
"details": "70-E. In any district or sub-district in respect of which a notification has been issued under section 70-D, the provisions of this Act shall, for the purposes of this Part, be subject to the following modifications, namely:- (1) (a) Every document admitted to registration under section 35 or section 41 shall on every page- (i)\tbe signed in the presence of the registering officer by the person or anyone of the persons presenting the document for registration; and (ii)\tbe carefully marked with an identification stamp and the serial number of the document. (b) \tIt shall then be transmitted by the registering officer, unless he is himself the Photo-Registrar, to the Photo-Registrar, and the registering officer or the Photo-Registrar, as the case may be, shall cause each side of each page of such document together with all stamps, endorsements, seals, signatures, thumb-impressions and certificates appearing thereon to be photographed without subtraction or alteration. He may for this purpose cut or untie, without breaking any seals, the thread or ribbon, if any, wherewith the pages of the document are sewn together, in order to separate the pages of the document, and, as soon as the document has been photographed, he shall, as far as practicable, exactly rebind the document as before, and, if he has cut the thread or ribbon shall seal it over the joint with his seal: Provided that the party presenting the document for registration shall, if he so desires, be allowed to be present and watch the unbinding, rebinding and sealing of the document: Provided further that if the party presenting the document so requests the document shall be returned to him unbound: Provided also that before or after transmission of the document to the Photo-Registrar the party presenting the document may require the registering officer to have it copied by hand under section 52, or if the document has been presented for registration under section 19 its translation copied under section 62 on payment of an additional copying fee. (c)\tThere shall then be prepared and preserved the negative and at least one Photographic print and to each such negative and print the Photo-Registrar shall fix his signature and seal in token of the exact correspondence of the copy to the original document, as admitted for registration: Provided that when more than one such negative is recorded on one length of film and the Photo-Registrar has affixed his signature and seal at the end of such length of film certifying in the manner prescribed by rules made in this behalf, the exact correspondence of all copies on such length of film with the original documents, the Photo-Registrar shall be deemed to have affixed his signature and seal to each such negative on such length of film. (d)\tOn set of such prints arranged in the order of their serial numbers shall be made up into books and sewn or bound together. To each such book the registrar or Sub-Registrar shall prefix a certificate of the serial numbers it contains, and the books shall then be preserved in the records of the Sub-Registrar. The negatives shall be preserved in such suitable place as the Inspector-General may prescribe. (2)\tAll words and expressions used in the Act with reference to the making of copies of documents by hand or the entering or filing of documents or memoranda in books provided under section 16 shall, so far as may be necessary, be construed as referring to the making of such copies by means of photography or the entering or filing of documents or memoranda in books made up of copies prepared by means of photography. (3)\tWhere this Part applies the sections mentioned below shall be deemed to be modified as follows:- (a)\tin section 19 the words “and also by a true copy” shall be omitted; (b)\tsub-section (4) of section 21 shall be omitted; (c)\tthe words “according to the order of its admission” occurring in clause (c) of sub-section (1) of section 52 shall be omitted; (d)\tsection 53 shall be omitted; (e)\tin sub-section (1) of section 60 the words “and page” shall be omitted; (f)\tsub-section (1) of section 61 shall be omitted; and (g)\tin sub-section (1) of section 62,- (i)\tfor the word “transcribed” the word “copied” shall be substituted; and (ii)\tfor the words and figures “copy referred to in section 19” the words “photograph of the original” shall be substituted.",
"name": "Application of Act to areas notified under section 70-D",
"related_acts": "",
"section_id": 82
},
{
"act_id": 90,
"details": "70-F. The Inspector-General may, with the previous approval of the Government, by notification in the official Gazette, make rules for the purposes of giving effect to the provisions of this Part.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 83
},
{
"act_id": 90,
"details": "71.(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by an person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.",
"name": "Reasons for refusal to register to be recorded",
"related_acts": "",
"section_id": 84
},
{
"act_id": 90,
"details": "72. (1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order. (2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.",
"name": "Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution",
"related_acts": "",
"section_id": 85
},
{
"act_id": 90,
"details": "73. (1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered. (2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.",
"name": "Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution",
"related_acts": "",
"section_id": 86
},
{
"act_id": 90,
"details": "74. In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire- (a) \twhether the document has been executed; (b)\twhether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration.",
"name": "Procedure of Registrar on such application",
"related_acts": "",
"section_id": 87
},
{
"act_id": 90,
"details": "75. (1) If the Registrar finds that the document had been executed and that the said requirements have been complied with, he shall order the document to be registered. (2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60. (3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration. (4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witnesses, and compel them to give evidence, as if he were a Civil Court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908.",
"name": "Order by Registrar to register and procedure thereon",
"related_acts": "86",
"section_id": 88
},
{
"act_id": 90,
"details": "76. (1) Every Registrar refusing- (a)\tto register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or (b)\tto direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded. (2) No appeal lies from any order by a Registrar under this section or section 72.",
"name": "Order of refusal by Registrar",
"related_acts": "",
"section_id": 89
},
{
"act_id": 90,
"details": "77. (1) Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit far a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree: Provided that failure to file a suit or the dismissal of a suit filed under this section shall not disentitle a party to any other remedy to which he may be entitled, on the basis of the unregistered document. (2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the document shall be receivable in evidence in such suit.",
"name": "Suit in case of order of refusal by Registrar",
"related_acts": "",
"section_id": 90
},
{
"act_id": 90,
"details": "78. The Government shall prepare a table of fees payable- (a)\tfor the registration of documents; (b)\tfor searching the registers; (c)\tfor making or granting copies of reasons, entries or documents, before, on or after registration; and of extra or additional fees payable- (d)\tfor every registration under section 30; (e)\tfor the issue of commissions; (f)\tfor filing translations; (g)\tfor attending at private residences; (h)\tfor the safe custody and return of documents; and (i)\tfor such other maters as appear to the Government necessary to effect the purposes of this Act.",
"name": "Fees to be fixed by Government",
"related_acts": "",
"section_id": 91
},
{
"act_id": 90,
"details": "3378A. Notwithstanding anything contained in section 78 or any other law for the time being in force,- (a)\tregistration fee payable for registration of a contract for sale of any immovable property shall be- (i)\tfive hundred taka, where valuation of the property is not more than five lakh taka; (ii)\tone thousand taka, where valuation of the property is above five lakh taka and not more than fifty lakh taka; and (iii)\ttwo thousand taka, where valuation of the property is above fifty lakh taka; (b)\tregistration fee payable for registration of a declaration of heba of any immovable property under the Muslim Personal Law (Shariat) shall be one hundred taka irrespective of the value of the property, if such heba is made between spouses, parents and children, grand parents and grand children, full brothers, full sisters and, full brothers and full sisters; 34(bb) registration fee payable for registration of a declaration of gift of any immovable property made under the Hindu, Christian and Buddhist Personal Law, if such gift is permitted by their Personal Law, shall be one hundred taka irrespective of the value of the property, provided such gift is made between spouses, parents and children, grand parents and grand children, full brothers, full sisters and, full brothers and full sisters ; (c)\tregistration fee payable for registration of an instrument of mortgage referred to in section 59 of the Transfer of Property Act, 1882 shall be as follows- (i) where the amount of money to be secured does not exceed five lakh taka- 1% (one per centum) of the amount of money to be secured, but not less than two hundred taka and not more than five hundred taka; (ii) where the amount of money to be secured is above five lakh taka but does not exceed twenty lakh taka- 0.25% (zero point two five per centum) of the amount of money to be secured, but not less than fifteen hundred taka and not more than two thousand taka; and (iii) where the amount of money to be secured is above twenty lakh taka- 0.10% (zero point one zero per centum) of the amount of money to be secured, but not less than three thousand taka and not more than five thousand taka.",
"name": "Registration fee for contract for sale, heba and mortgage",
"related_acts": "48",
"section_id": 92
},
{
"act_id": 90,
"details": "3578B. Notwithstanding anything contained in section 78 or any other law for the time being in force, fee payable for registration of an instrument of partition of immovable property shall be- (i) five hundred taka, where valuation of the property is not more than three lakh taka; (ii) seven hundred taka, where valuation of the property is above three lakh taka and not more than ten lakh taka; (iii) twelve hundred taka, where valuation of the property is above ten lakh taka and not more than thirty lakh taka; (iv) eighteen hundred taka, where valuation of the property is above thirty lakh taka and not more than fifty lakh taka; (v) two thousand taka, where valuation of the property is above fifty lakh taka.",
"name": "Registration fee for instrument of partition",
"related_acts": "",
"section_id": 93
},
{
"act_id": 90,
"details": "79. A table of the fees so payable shall be published in the official Gazette, and a copy thereof in English and 36Bengali shall be exposed to public view in every registration office.",
"name": "Publication of fees",
"related_acts": "",
"section_id": 94
},
{
"act_id": 90,
"details": "80. All fees for the registration of documents under this Act shall payable on the presentation of such documents.",
"name": "Fees payable on presentation",
"related_acts": "",
"section_id": 95
},
{
"act_id": 90,
"details": "80C. A copy of every such list shall be kept hang up in registration office to which the same relates.",
"name": "Hanging up of lists of touts in Registration Offices",
"related_acts": "",
"section_id": 96
},
{
"act_id": 90,
"details": "80D. A registering officer may, by general of special order, exclude from the precincts of his registration office any person whose name is included in any such list.",
"name": "Exclusion of touts from precincts of Registration Offices",
"related_acts": "",
"section_id": 97
},
{
"act_id": 90,
"details": "80E. Every person who having been excluded from the precincts of a registration office under section 80D is found within the precincts of any registration office without written permission from the registering officer shall be deemed to be acting as a tout for the purposes of section 82A. Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of Registering Officer.",
"name": "Presumption as to touts found within precincts of Registration Offices",
"related_acts": "",
"section_id": 98
},
{
"act_id": 90,
"details": "PARTS XIIIA and XIIIB were inserted by section 9 of the Bengal Registration (Amendment) Act, 1942 (Act No. V of 1942). 80A. (1) Every Registrar of a district as regards his own office and the offices subordinate thereto and every sub-divisional magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80B, by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists. (2) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. (3) Where the name of any person is included in a list framed and published by a sub-divisional magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar of the district for the removal of his name from such list; and the orders of the Registrar passed after such inquiry (if any) as he considers necessary, on such application shall be final.",
"name": "Powers to frame and publish lists of touts",
"related_acts": "",
"section_id": 99
},
{
"act_id": 90,
"details": "80B. Any Registrar of a district of sub-divisional magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout, and request the Sub-Registrar to hold an enquiry in regard to such person; and the Sub-Registrar shall thereupon hold an enquiry into the conduct of that person and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80A, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section (1) of section 80A: Provided that such authority shall here any such person who, before his name has been so included, appears before him and desires to be heard.",
"name": "Inquiry by a Sub-Registrar regarding suspected touts",
"related_acts": "",
"section_id": 100
},
{
"act_id": 90,
"details": "80F. (1) Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be forthwith produced before the registering officer. (2) If the tout admits his offence the provisions of section 480 and 481 of the Code of Criminal Procedure, 1898, shall be applicable, so far as may be, to his detention, trial and punishment. If the tout does not admit his offence the provisions of section 480 of the said Code shall be similarly applicable to his detention, trial and punishment. (3) A registering officer shall be deemed to be a Civil Court for the purposes of sections 480, 481 and 482 of the said Code.",
"name": "Arrest and trial of touts",
"related_acts": "75",
"section_id": 101
},
{
"act_id": 90,
"details": "80G. (1) The Inspector-General shall have power from time to time, to make rules, consistent with this Act- (a)\tprescribing the manner in which and the terms subject to which persons who write documents, outside the precincts of registration office, or who frequent the precincts of registration offices, for the purpose of writing documents, may be granted licences; (b)\tprescribing the fees (if any) to be paid for such licences; and (c)\tdeclaring the conditions under which persons who write documents outsides the precincts of registration offices without licences shall be deemed to be touts for the purposes of this Act. (2) The rules so made shall be submitted to the Government for approval, and, after they have been approved they shall be published in the official Gazette and on publication shall have effect as if enacted in this Act.",
"name": "Power to Inspector-General to make rules relating to deed-writers",
"related_acts": "",
"section_id": 102
},
{
"act_id": 90,
"details": "81. Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the 37Penal Code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.",
"name": "Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure",
"related_acts": "",
"section_id": 103
},
{
"act_id": 90,
"details": "3882A. Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extent to five hundred taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 104
},
{
"act_id": 90,
"details": "82. Whoever- (a)\tintentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or (b)\tintentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document or a false copy of a map or plan; or (c)\tfalsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or (d)\tabets anything made punishable by this Act; shall be punishable with imprisonment for a term which may extend to seven years, or with fine or with both.",
"name": "Penalty for making false statements, delivering false copies or translations, false personation, and abetment",
"related_acts": "",
"section_id": 105
},
{
"act_id": 90,
"details": "83. (1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed. (2) Save as provided in section 80F, offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.",
"name": "Registering officer may commence prosecutions",
"related_acts": "",
"section_id": 106
},
{
"act_id": 90,
"details": "84. (1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the 39Penal Code. (2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so. (3) In section 228 of the 40Penal Code, the words “judicial proceeding” shall be deemed to include any proceeding under this Act.",
"name": "Registering officers to be deemed public servants",
"related_acts": "",
"section_id": 107
},
{
"act_id": 90,
"details": "85. Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed.",
"name": "Destruction of unclaimed documents",
"related_acts": "",
"section_id": 108
},
{
"act_id": 90,
"details": "86. No registering officer shall be liable to any suit claim or demand by reason of anything in good faith done or refused in his official capacity.",
"name": "Registering officer not liable for thing bona fide done or refused in his official capacity",
"related_acts": "",
"section_id": 109
},
{
"act_id": 90,
"details": "87. (1) Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure. (2) Any defect in or the want of authority of a person to present a document shall not by itself, render invalid the registration of the document or the transaction effected by it.",
"name": "Nothing so done invalidated by defect in appointment or procedure",
"related_acts": "",
"section_id": 110
},
{
"act_id": 90,
"details": "88. (1) Notwithstanding anything herein contained, it shall not be necessary for any officer of Government, or for the Administrator-General of 41Bangladesh or for any Official Trustee or Official Assignee, or for the Receiver or Registrar of 42the Supreme Court, to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him in his official capacity, or to sign as provided in section 58. (2) Where any instrument is so executed, the registering officer to whom such instrument is presented for registration may, if he thinks fit, refer to any Secretary to Government or to such officer of Government, Administrator-Genera, Official Trustee, Official Assignee, Receiver or Registrar, as the case may be, for information respecting the same, and, on being satisfied of the execution thereof, shall register the instrument.",
"name": "Registration of documents executed by Government officers or certain public functionaries",
"related_acts": "",
"section_id": 111
},
{
"act_id": 90,
"details": "89. (1) Every officer granting a loan under the Land Improvement Loans Act, 1883, shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1. (2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction whole or any part of the immoveable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1. (3) Every officer and every Co-operative Society granting any such loan as is referred to in clause (x) of sub-section (2) of section 17 shall send a copy of any instrument whereby immoveable property is mortgaged for the purpose of securing the repayment of the loan, and if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies, as the case may be, in his Book No. 1. (4) Every Revenue-officer granting a certificate of sale to the purchaser of immoveable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.",
"name": "Copies of certain orders, certificates and instruments to be sent to registering officers and field",
"related_acts": "51,86",
"section_id": 112
},
{
"act_id": 90,
"details": "90. (1) Nothing contained in this Act 43* * * shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely:- (a)\tdocuments issued, received or attested by any officer engaged in making a settlement or revision of settlement of land-revenue, and which form part of the records of such settlement; or (b)\tdocuments and maps issued, received or authenticated by any officer engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey; or (c)\tdocuments which, under any law for the time being in force, are filed periodically in any revenue-office by patwaries or other officers charged with the preparation of village-records; or (d)\tsanads, inam title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land; or (e)\tOmitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act.",
"name": "Exemption of certain documents executed by or in favour of Government",
"related_acts": "430",
"section_id": 113
},
{
"act_id": 90,
"details": "91. Subject to such rules and the previous payment of such fees as the Government prescribes in this behalf, all documents and maps mentioned in section 90, clauses (a), (b), (c) and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies.",
"name": "Inspection and copies of such documents",
"related_acts": "",
"section_id": 114
},
{
"act_id": 90,
"details": "92. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 115
},
{
"act_id": 90,
"details": "93. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 116
}
],
"text": "1♣An Act to Consolidate the enactments relating to the Registration of Documents. WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; It is hereby enacted as follows:-"
} |
{
"id": 91,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Penal Code\" and “Government” were substituted, for the words “Pakistan”, \"Pakistan Penal Code\" and “Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clauses (a), (ab), (ac) and (ad) were inserted by section 3 of the Criminal Law Amendment Act, 1958 (Act No. XXXIV of 1958)",
"3 The words “said Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “said Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words “said Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 Clause (a) was re-lettered as clause (ae) by section 3 of the Criminal Law Amendment Act, 1958 (Act No. XXXIV of 1958)",
"7 The words “said Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words “said Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 A semicolon \";\" was substituted, for the full-stop at the end of clause (e) and thereafter clauses (f) and (g) were added by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"10 The words \"Whenever the\" were substituted for the words \"Whenever any\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The words \"the Government\" were substituted, for the words \"such Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Whipping Act, 1909",
"num_of_sections": 8,
"published_date": "22nd March, 1909",
"related_act": [
91,
277,
430
],
"repelled": false,
"sections": [
{
"act_id": 91,
"details": "1. (1) This Act may be called the Whipping Act, 1909; and (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "91",
"section_id": 1
},
{
"act_id": 91,
"details": "2. In addition to the punishments described in section 53 of the Penal Code, offenders are also liable to the punishment of whipping.",
"name": "Whipping added to punishments described in Act XLV, 1860",
"related_acts": "",
"section_id": 2
},
{
"act_id": 91,
"details": "3. Whoever commits any of the following offences, namely:- (a)\ttheft, as defined in section 378 of the Penal Code other than theft by a clerk or servant of property in possession of his master; (b)\ttheft in a building, tent or vessel, as defined in section 380 of the said Code; (c)\ttheft after preparation for causing death or hurt, as defined in section 382 of the said Code; (d)\tlurking house-trespass, or house-breaking, as defined in sections 443 and 445 of the said Code, in order to the committing of any offence punishable with whipping under this section; (e)\tlurking house-trespass by night, or house-breaking by night, as defined in sections 444 and 446 of the said Code, in order to the committing of any offence punishable with whipping under this section; may be punished with whipping in lieu of any punishment to which he may for such offence be liable under said Code.",
"name": "Offences punishable with whipping in lieu of other punishment",
"related_acts": "",
"section_id": 3
},
{
"act_id": 91,
"details": "4. Whoever- 2(a)\tabets, commits or attempts to commit, kidnapping as defined in sections 360 and 361 of the Penal Code in respect of any person under the age of fourteen; (ab)\tabets, commits or attempts to commit, kidnapping or abduction as defined in sections 360, 361 and 362 of the 3said Code in respect of any person under the age of fourteen in order that such person may be murdered or subjected to grievous hurt or slavery, or to the lust of any person or may be so disposed of as to be put in such danger; (ac)\tabets, commits or attempts to commit, kidnapping or abduction as defined in sections 360, 361 and 362 of the 4said Code with intent to cause the persons kidnapped or abducted to be secretly and wrongfully confined, where that person is under the age of fourteen; (ad)\tabets, commits or attempts to commit the wrongful concealment or confinement of a person under the age of fourteen, knowing that person to have been kidnapped or abducted within the meaning of sections 360, 361 and 362 of the 5said Code; 6(ae) \tabets, commits or attempts to commit, rape, as defined in section 375 of the 7said Code; (b)\tcompels or induces any person by fear of bodily injury, to submit to an unnatural offence as defined in section 377 of the said Code; (c)\tvoluntarily causes hurt in committing or attempting to commit robbery, as defined in section 390 of the said Code; (d)\tcommits dacoity as defined in section 391 of the said Code; (e)\tabets, commits or attempts to commit an offence of insult to the modesty of a woman punishable under section 509 of the 8said Code 9; (f)\tbeing a member of an assembly of two or more persons the common object of which is to commit an offence punishable under section 366 of the said Code abets, commits or attempts to commit such offence; or (g)\tabets, commits or attempts to commit in respect of any female person any offence punishable under section 366A, 366B, 367, 372 or 373 of the said Code, may be punished with whipping in lieu of or in addition to any other punishment to which he may for such offence, abetment or attempt be liable under the said Code.",
"name": "Offences punishable with whipping in lieu of or in addition to other punishment",
"related_acts": "",
"section_id": 4
},
{
"act_id": 91,
"details": "5. Any juvenile offender who abets, commits or attempts to commit- (a) any offence punishable under the Penal Code, except offences specified in Chapter VI and in sections 153A and 505 of that Code and offences punishable with death, or ( b)\tany offence punishable under any other law with imprisonment which the Government may, by notification in the official Gazette, specify in this behalf, may be punished with whipping in lieu of any other punishment to which he may for such offence, abetment or attempt be liable. Explanation.-In this section the expression “juvenile offender” means an offender whom the Court, after making such enquiry (if any) as may be deemed necessary, shall find to be under sixteen years of age, the finding of the Court in all cases being final and conclusive.",
"name": "Juvenile offenders when punishable with whipping",
"related_acts": "",
"section_id": 5
},
{
"act_id": 91,
"details": "6. 10Whenever the Government has, by notification in the official Gazette, declared the provisions of this section to be in force in any frontier district or any wild tract of country within the jurisdiction of 11the Government, any person who in such district or tract of country after such notification as aforesaid commits any offence punishable under the Penal Code with imprisonment for three years or up-wards, may be punished with whipping in lieu of any other punishment to which he may be liable under the said Code.",
"name": "Special provision as to punishment with whipping in frontier districts",
"related_acts": "",
"section_id": 6
},
{
"act_id": 91,
"details": "7. Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 7
},
{
"act_id": 91,
"details": "8. Repealed by section 3 and 2nd Schedule of the Second Repealing and Amending Act, 1914 (Act No. XVII of 1914).",
"name": "Repealed",
"related_acts": "",
"section_id": 8
}
],
"text": "1♣An Act to consolidate and amend the law relating to the punishment of whipping. WHEREAS it is expedient to consolidate and amend the law relating to the punishment of whipping; It is hereby enacted as follows:-"
} |
{
"id": 92,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Anand Marriage Act, 1909",
"num_of_sections": 5,
"published_date": "22nd October, 1909",
"related_act": [
92,
430
],
"repelled": false,
"sections": [
{
"act_id": 92,
"details": "1. (1) This Act may be called the Anand Marriage Act, 1909; and (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "92",
"section_id": 1
},
{
"act_id": 92,
"details": "2. All marriages which may be or may have been duly solemnized according to the Sikh marriage ceremony called Anand shall be, and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law.",
"name": "Validity of Anand marriage",
"related_acts": "",
"section_id": 2
},
{
"act_id": 92,
"details": "3. Nothing in this Act shall apply to- (a)\tany marriage between persons not professing the Sikh religion, or (b)\tany marriage which has been judicially declared to be null and void.",
"name": "Exemption of certain marriages from Act",
"related_acts": "",
"section_id": 3
},
{
"act_id": 92,
"details": "4. Nothing in this Act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the Sikhs.",
"name": "Saving of marriages solemnized according to other ceremonies",
"related_acts": "",
"section_id": 4
},
{
"act_id": 92,
"details": "5. Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.",
"name": "Non-validation of marriages within prohibited degrees",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to remove doubts as to the validity of the marriage ceremony common among the Sikhs called Anand WHEREAS it is expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand; It is hereby enacted as follows:-"
} |
{
"id": 93,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” or \"Central Government or the Provincial Government\" or “Central Government or any Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"2 The words “who is the owner or occupier of the premises which” were substituted, for the words “whose premises” by section 2 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"3 The words \"except the transmission of a massage\" were omitted by section 2 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).",
"4 The words “one hundred taka” were substituted, for the words “five taka” by section 3 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"5 The words “without intimation to the local authority or to the owner or” were substituted, for the words “without the consent of the local authority or of the owner and” by section 4 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"6 The words “immediate intimation in writing by special messenger or by telephonic message followed by written intimation” were substituted, for the words “not less than forty-eight hours’ notice in writing” by section 5 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"7 Section 19A was inserted by section 5 of the Indian Electricity (Amendment) Act, 1922 (Act No. I of 1922)",
"8 The words “Magistrate of the 1st class” were substituted, for the words “District Magistrate” by section 3 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)",
"9 Proviso to sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 Clause (b) was substituted, for clause (b) by section 6 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"11 Clause (cc) was inserted by section 4 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)",
"12 The words “within the period stated therein in the bill” were inserted by section 7 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"13 The word “ten” was substituted, for the word “seven” by section 7 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"14 The commas and words “, if required by the consumer,” were omitted by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).",
"15 The provisos were substituted, for the proviso by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).",
"16 The words “in this behalf within a period of ninety days from the date of receipt of such application and after affording the parties an opportunity of being heard” were substituted, for the words “in this behalf” by section 5 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).",
"17 The words “or the connected load in the supply” were substituted, for the words “or the electrical quantity contained in the supply” by section 8 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"18 Section 29A was inserted by section 2 of the Indian Electricity (Amendment) Act, 1923 (Act No. XL of 1923)",
"19 The words “one kilowatt” were substituted, for the words “two hundred and fifty watts” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"20 The words, commas and figure “Factories Act, 1965,” were substituted, for the words, commas and figure “Indian Factories Act, 1911,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"21 The words, commas and figures “Mines Act, 1923,” were substituted, for the words, commas and figure “Indian Mines Act, 1901,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"22 The words “without obtaining permission from the Government” were substituted, for the words “without giving not less than seven clear days’ notice in writing of his intension to the District Magistrate” by section 9 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"23 The word \"Bangladesh\" was substituted for the words \"the Province\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"24 The words “Electricity Board” were substituted, for the words “Advisory Board” by section 10 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"25 The words “Electricity Board” were substituted, for the words “Advisory Board” by section 11 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"26 The word \"Bangladesh\" was substituted for the words \"East Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"27 The words “one thousand taka” and “one hundred taka” were substituted, for the words “three hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"28 The words “one thousand taka” and “one hundred taka” were substituted, for the words “three hundred taka” and “fifty taka” respectively by section 12 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)",
"29 Sections 39 and 39A were substituted, for section 39 by section 13 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"30 Section 39 was substituted, for section 39 by section 2 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).",
"31 The words \"shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka\" were substituted, for the words and commas \"shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand taka, or with both\" by section 3 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"32 Section 40A was inserted by section 14 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"33 The words \"shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka\" were substituted, for the words and commas \"punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand taka, or with both\" by section 5 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).",
"34 Section 40B was inserted by section 6 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"35 Section 40 was substituted, for the former section 40 by section 4 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"36 Section 41 was substituted, for the former section 41 by section 7 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"37 Section 42 was substituted, for the former section 42 by section 8 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"38 Section 43 was substituted, for the former section 43 by section 9 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"39 Section 44 was substituted, for the former section 44 by section 10 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"40 Section 44A was substituted, for the former section 44A by section 11 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"41 The words \"of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to ten thousand taka\" were substituted, for the words and comma \"for a term which may extend to six months, or with fine which may extend to five thousand taka, or with both\" by section 12 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"42 The words and comma “or negligently throws, puts any articles on the electric supply-line or equipment to interrupt supply of energy” were inserted by section 18 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983).",
"43 The words \"imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a fine of ten thousand taka\" were substituted, for the words \"fine which may extend to five thousand taka\" by section 13 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).",
"44 Section 47 was substituted, for the former section 47 by section 14 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"45 Section 49A was inserted by section 15 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993)",
"46 Section 50A was inserted by section 16 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"47 Section 50 was substituted, for the former section 50 by section 15 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006).",
"48 The words and comma \"as the case may be,\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"49 Section 54B was substituted, for the former section 54B by section 17 of the Electricity (Amendment) Act, 2006 (Act No. V of 2006)",
"50 Sections 54A, 54B and 54C were inserted by section 21 of the Electricity (Amendment) Ordinance, 1983 (Ordinance No. XLII of 1983)."
],
"name": "The Electricity Act, 1910",
"num_of_sections": 71,
"published_date": "18th March, 1910",
"related_act": [
65,
73,
75,
430,
115,
116,
117,
118,
55,
93,
126
],
"repelled": true,
"sections": [
{
"act_id": 93,
"details": "1. (1) This Act may be called the Electricity Act, 1910. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, direct in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "93",
"section_id": 1
},
{
"act_id": 93,
"details": "2. In this Act, expressions defined in the Telegraph Act, 1885, have the meanings assigned to them in that Act, and, unless there is anything repugnant in the subject or context,- (a)\t“aerial line” means any electric supply line which is placed above ground and in the open air: (b)\t“area of supply” means the area within which alone a licensee is for the time being authorised by his license to supply energy: (c)\t“consumer” means any person who is supplied with energy by a licensee, or 2who is the owner or occupier of the premises which are for the time being connected for the purposes of a supply of energy with the works of a licensee: (d) \t“daily fine” means a fine for each day on which an offence is continued after conviction therefor: (e) \t“distributing main” means the portion of any main with which a service line is, or is intended to be, immediately connected: (f) \t“electric supply-line” means a wire, conductor or other means used for conveying, transmitting or distributing energy together with any casing, coating, convering, tube, pipe or insulator enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of so conveying, transmitting or distributing such energy: (g)\t“energy” means electrical energy when generated, transmitted, supplied or used for any purpose 3* * *: (h)\t“licensee” means any person licensed under Part II to supply energy: (i)\t“main” means any electric supply-line through which energy is, or is intended to be, supplied by a licensee to the public: (j)\t“prescribed” means prescribed by rules made under this Act: (k)\t“public lamp” means and electric-lamp used for the lighting of any street: (l)\t“service line” means any electric supply-line through which energy is, or is intended to be, supplied by a licensee (i)\tto a single consumer either from a distributing main or immediately from the licensee's premises, or (ii)\tfrom a distributing main to a group of consumers on the same premises or on adjoining premises supplied from the same point of the distributing main. (m)\t“street” includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge or cause-way: and (n) \t“works” includes electric supply-lines and any buildings, machinery or apparatus required to supply energy and to carry into effect the objects of a license granted under Part II.",
"name": "Definitions",
"related_acts": "55",
"section_id": 2
},
{
"act_id": 93,
"details": "3. (1) The Government may, on application made in the prescribed form and on payment of the prescribed fee (if any), grant to any person a license to supply energy in any specified area, and also to lay down or place electric supply-lines for the conveyance and transmission of energy,- (a)\twhere the energy to be supplied is to be generated out-side such area from a generating station situated outside such area to the boundary of such area, or (b)\twhere energy is to be conveyed or transmitted from any place in such area to any other place therein, across an intervening area not included therein, across such area. (2) In respect of every such license and the grant thereof the following provisions shall have effect, namely:- (a) \tany person applying for a license under this Part shall publish a notice of his application in the prescribed manner and with the prescribed particulars, and the license shall not be granted- (i)\tuntil all objections received by the Government with reference thereto have been considered by it: Provided that no objection shall be so considered unless it is received before the expiration of three months from the date of the first publication of such notice as aforesaid; and (ii) \tuntil, in the case of an application for a license for an area including the whole or any part of any cantonment, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Government for naval or military purposes, the Government has ascertained that there is no objection to the grant of the license on the part of the Engineer-in-Chief, General Headquarters, Bangladesh; (b) \twhere an objection is received from any local authority concerned, the Government shall, if in its opinion the objection is insufficient, record in writing, and communicate to such local authority its reasons for such opinion; (c) \tno application for a license under this Part shall be made by any local authority except in pursuance of a resolution passed at a meeting of such authority held after one month's previous notice of the same and of the purpose thereof has been given in the manner in which notices of meetings of such local authority are usually given; (d) \ta license under this Part- (i)\tmay prescribe such terms as to the limits within which, and the conditions under which, the supply of energy is to be compulsory or permissive, and as to the limits of price to be charged in respect of the supply of energy, and generally as to such matters as the Government may think fit; and (ii) \tsave in cases in which under section 10, clause (b), the provisions of sections 5 and 7, or either of them, have been declared not to apply, every such license shall declare whether any generating station to be used in connection with the undertaking shall or shall not form part of the undertaking for the purpose of purchase under section 5 or section 7; (e)\tthe grant of a license under this Part for any purpose shall not in any way hinder or restrict the grant of a license to another person within the same area of supply for a like purpose; (f)\tthe provisions contained in the Schedule shall be deemed to be incorporated with, and to form part of, every license granted under this Part, save in so far as they are expressly added to, varied or excepted by the license, and shall, subject to any such additions, variations or exceptions which the Government is hereby empowered to make, apply to the undertaking authorised by the license: Provided that, where a license is granted in accordance with the provisions of clause IX of the Schedule for the supply of energy to other licensees for distribution by them, then, in so far as such license relates to such supply, the provisions of clauses IX, V, VI, VII, VIII and XII of the schedule shall not be deemed to be incorporated with the license.",
"name": "Grant of Licenses",
"related_acts": "",
"section_id": 3
},
{
"act_id": 93,
"details": "4. (1) The Government may, if in its opinion the public interest so requires, revoke a license in any of the following cases, namely: (a) \twhere the licensee, in the opinion of the Government, makes wilful and unreasonably prolonged default in doing anything required of him by or under this Act; (b)\twhere the licensee breaks any of the terms or conditions of his license the breach of which is expressly declared by such license to render it liable to revocation; (c)\twhere the licensee fails, within the period fixed in this behalf by his license or any longer period which the Government may substitute therefor by order under sub-section (3), clause (b), and before exercising any of the powers conferred on him thereby in relation to the execution of works, (i)\tto show, to the satisfaction of the Government, that he is in a position fully and efficiently to discharge the duties and obligations imposed on him by his license, or (ii)\tto make the deposit or furnish the security required by his license; (d)\twhere the licensee is, in the opinion of the Government, unable, by reason of his insolvency, fully and efficiently to discharge the duties and obligations imposed on him by his license; (e)\twhere the licensee is, in the opinion of the Government, unable to supply energy to meet the requirements of the consumers in any area of supply. (2) Where the Government might, under sub-section (1), revoke a license, it may, instead of revoking the license, impose on the licensee a penalty, not exceeding ten thousand taka, and permit the license to remain in force subject to such further terms or conditions as it thinks fit to impose, and any further terms or conditions so imposed shall be binding upon, and be observed by, the licensee, and shall be of like force and effect as if they were contained in the license. (3) Where in its opinion the public interest so permits, the Government may, on the application or with the consent of the licensee, and, if the licensee is not a local authority, after consulting the local authority (if any) concerned, (a)\trevoke a license as to the whole or any part of the area of supply upon such terms and conditions as it thinks fit, or (b) \tmake such alterations or amendments in the terms and conditions of a license, including the provisions specified in section 3, sub-section (2), clause (f), as it thinks fit.",
"name": "Revocation or amendment of licenses",
"related_acts": "",
"section_id": 4
},
{
"act_id": 93,
"details": "5. Where the Government revokes under section 4, sub-section (1), the license of a licensee, not being a local authority, the following provisions shall have effect, namely:- (a)\tthe Government shall serve a notice of the revocation upon the licensee, and, where the whole of the area of supply is included in the area for which a single local authority is constituted, upon that local authority also, and shall in the notice fix a date on which the revocation shall take effect; and on and with effect from that date, all the powers and liabilities of the licensee under this Act shall absolutely cease and determine; (b)\twhere a notice has been served on a local authority under clause (a), the local authority may, within three months after the service of the notice, and with the written consent of the Government, by notice in writing, require the licensee to sell, and thereupon the licensee shall sell, the undertaking to the local authority on payment of the value of all lands, buildings, works, materials and plant of the licensee suitable to, and used by him for, the purposes of the undertaking, other than a generating station declared by the license not to form part of the undertaking for the purpose of purchase, such value to be, in case of difference or dispute, determined by arbitration: Provided that the value of such lands, buildings, works, materials and plant shall be deemed to be their fair market-value at the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant, and to the state of repair thereof, and to the circumstance that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addition in respect of compulsory purchase or of goodwill or of any profits which may be or might have been made from the undertaking, or of any similar considerations: Provided further that where a case has been referred to arbitration, the local authority shall subject to adjustment against the value that may be finally determined by Arbitration, make payment in advance of seventy five per cent. of the amount of such value estimated to be fair by such local authority: Provided further that before making such payment, the local authority may, after giving the licensee an opportunity of being heard, deduct from such sum any debts and dues payable to Government by such licensee. (c)\twhere the public interest so requires the Government may, if it thinks fit, elect to purchase the under taking immediately after revoking the license of the licensee under section 4 and licensee shall sell the undertaking to the Government. (d)\twhere the Government elects to purchase the undertaking, it may take over work the undertaking pending completion of the sale upon terms and conditions similar to those set forth in clause (b) and the licensee shall make over the undertaking to the Government on the date and time fixed by it. (e)\twhere a purchase has been effected under any of the preceding clauses,- (i)\tthe undertaking shall vest in the purchasers free from any debts, mortgages or similar obligations of the licensee or attaching to the undertaking: Provided that any such debts, mortgages or similar obligations shall attach to the purchase-money is substitution for the undertaking; and (ii)\tthe revocation of the license shall extend only to the revocation of the rights, powers, authorities, duties and obligations of the licensee from whom the undertaking is purchased, and, save as aforesaid, the license shall remain in full force, and the purchaser shall be deemed to be the licensee: Provided that where the Government elects to purchase under clause (d), the license shall, after purchase, in so far as the Government is concerned, cease to have any further operation; (f)\twhere no purchase has been effected under any of the foregoing clauses, the licensee shall have the option of disposing of all lands, buildings, works, materials and plant belonging to the undertaking in such manner as he may think fit: Provided that, if the licensee does not exercise such option within a period of six months from the date on which the same became exercisable, the Government may forthwith cause the works of the licensee in, under, over, along or across any street to be removed and every such street to be reinstated, and recover the cost of such removal and reinstatement from the licensee; (g)\tif the licensee has been required to sell the undertaking, and if the sale has not been completed by the date fixed in the notice issued under clause (a), the purchaser may, with the previous sanction of the Government, work the undertaking pending the completion of the sale.",
"name": "Provisions where license of licensee, not being a local authority, is revoked",
"related_acts": "",
"section_id": 5
},
{
"act_id": 93,
"details": "6. (1) Where the Government revokes the license of a local authority under section 4, sub-section (1), and any person is willing to purchase the undertaking the Government may, if it thinks fit, require the local authority to sell, and thereupon the local authority shall sell, the undertaking to such person on such terms as the Government thinks just: (2) Where no purchase has been effected under sub-section (1), the licensee shall have the option of disposing of all lands, buildings, works, materials and plant belonging to the undertaking in such manner as he may think fit: Provided that, if the licensee does not exercise such option within a period of six months from the date on which the same became exercisable, the Government may forthwith cause the works of the licensee in, under, over, along or across any street to be removed and every such street to be reinstated, and recover the cost of such removal and reinstatement from the licensee.",
"name": "Provisions where license of local authority is revoked",
"related_acts": "",
"section_id": 6
},
{
"act_id": 93,
"details": "7. (1) Where a license has been granted to any person not being a local authority, and the whole of the area of supply is included in the area for which a single local authority is constituted, the local authority shall, on the expiration of such period, not exceeding fifty years, and of every such subsequent period, not exceeding twenty years, as shall be specified in this behalf in the license, have the option of purchasing the undertaking, and, if the local authority, with the previous sanction of the Government, elects to purchase, the licensee shall sell the undertaking to the local authority on payment of the value of all lands, buildings, works, materials and plant of the licensee suitable to, and used by him for, the purposes of the undertaking, other than a generating station declared by the license not to form part of the undertaking for the purpose of purchase, such value to be, in case of difference or dispute, determined by arbitration: Provided that the value of such lands, buildings, works, materials and plant shall be deemed to be their fair market-value at the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials and plant, and to the state of repair thereof and to the circumstance that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking: Provided also that there shall be added to such value as aforesaid such percentage, if any, not exceeding twenty per centum on that value as may be specified in the license, on account of compulsory purchase. (2) Where- (a)\tthe local authority does not elect to purchase under sub-section (1), or (b) \tthe whole of the area of supply is not included in the area for which a single local authority is constituted, or (c)\ta licensee supplies energy from the same generating station to two or more areas of supply, each controlled by its own local authority, and has been granted a license in respect of each area of supply, the Government shall have the like option upon the like terms and conditions. (3) Where a purchase has been effected under sub-section (1) or sub-section (2),- (a)\tthe undertaking shall vest in the purchasers free from any debts, mortgages or similar obligations of the licensee or attaching to the undertaking: Provided that any such debts, mortgages or similar obligations shall attach to the purchase-money in substitution for the undertaking; and (b)\tsave as aforesaid, the license shall remain in full force, and the purchaser shall be deemed to be the licensee: Provided that where the Government elects to purchase under sub-section (2), the license shall, after purchase, in so far as the Government is concerned, cease to have any further operation. (4) Not less than two years' notice in writing of any election to purchase under this section shall be served upon the licensee by the local authority or the Government, as the case may be. (5) Notwithstanding anything hereinbefore contained, a local authority may, with the previous sanction of the Government, waive its option to purchase and enter into an agreement with the licensee for the working by him of the undertaking until the expiration of the next subsequent period referred to in sub-section (1), upon such terms and conditions as may be stated in such agreement.",
"name": "Purchase of undertaking",
"related_acts": "",
"section_id": 7
},
{
"act_id": 93,
"details": "8. Where, on the expiration of any of the periods referred to in section 7, sub-section (1), neither a local authority nor the Government purchases the undertaking, and the license is, on the application or with the consent of the licensee, revoked, the licensee shall have the option of disposing of all, lands, buildings, works, materials, and plant belonging to the undertaking in such manner as he may think fit: Provided that, if the licensee does not exercise such option within a period of six months, the Government may proceed to take action as provided in section 5, clause (f), proviso.",
"name": "Provisions where no purchase and license revoked with consent of licensee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 93,
"details": "9. (1) The licensee shall not, at any time without the previous consent in writing of the Government, acquire, by purchase or otherwise, the license or the undertaking of, or associate himself so far as the business of supplying energy is concerned with, any person supplying, or intending to supply, energy under any other license, and, before applying for such consent, the licensee shall give not less than one month's notice of the application to every local authority, both in the licensee's area of supply, and also in the area or district in which such other person supplies, or intends to supply, energy: Provided that nothing in this sub-section shall be construed to require the consent of the Government for the supply of energy by one licensee to another in accordance with the provisions of clause IX of the Schedule. (2) The licensee shall not at any time assign his license or transfer his undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the Government. (3) Any agreement relating to any transaction of the nature described in sub-section (1) or sub-section (2), unless made with, or subject to such consent as aforesaid, shall be void.",
"name": "Licensee not to purchase, or associate himself with other licensed undertakings or transfer his undertakings",
"related_acts": "",
"section_id": 9
},
{
"act_id": 93,
"details": "10. Notwithstanding anything in sections 5, 7 and 8, the Government may, in any license to be granted under this Act,- (a)\tvary the terms and conditions upon which, and the periods on the expiration of which, the licensee shall be bound to sell his undertaking, or (b)\tdirect that, subject to such conditions and restrictions (if any) as it may think fit to impose, the provisions of the said sections or any of them shall not apply.",
"name": "General power for Government to vary terms of purchase",
"related_acts": "",
"section_id": 10
},
{
"act_id": 93,
"details": "11. (1) Every licensee shall, unless expressly exempted from the liability by his license, or by order in writing of the Government, prepare and render to the Government or to such authority as the Government may appoint in this behalf, on or before the prescribed date in each year an annual statement of accounts of his undertaking made up to such date, in such form, and containing such particulars, as may be prescribed in this behalf. (2) The licensee shall keep copies of such annual statement at his office, and sell the same to any applicant at a price not exceeding 4one hundred taka per copy.",
"name": "Annual accounts of licensee",
"related_acts": "",
"section_id": 11
},
{
"act_id": 93,
"details": "12. (1) Any licensee may, from time to time but subject always to the terms and conditions of his license, within the area of supply, or when permitted by the terms of his license to lay down or place electric supply-lines without the area of supply, without that area- (a)\topen and break up the soil and pavement of any street, railway or tramway; (b)\topen and break up any sewer, drain or tunnel in or under any street, railway or tramway; (c)\tlay down and place electric supply-lines and other works; (d)\trepair, alter or remove the same; and (e)\tdo all other acts necessary for the due supply of energy. (2) Nothing contained in sub-section (1) shall be deemed to authorise or empower a licensee, 5without intimation to the local authority or to the owner or occupier concerned, as the case may be, to lay down or place any electric supply-line or other work in, through or against any building, or on, over or under any land not dedicated to public use whereon, whereover or whereunder any electric supply-line or work has not already been lawful laid down or placed by such licensee: Provided that any support of an aerial line or any stay or strut required for the sole purpose of securing in position any support of an aerial line may be fixed on any building or land or, having been so fixed, may be altered, notwithstanding the objection of the owner or occupier of such building or land, if the District Magistrate by order in writing so directs: Provided, also, that, if at any time the owner or occupier of any building or land on which any such support, stay or strut has been fixed shows sufficient cause, the District Magistrate may by order in writing direct any such support, stay or strut to be removed or altered. (3) When making an order under sub-section (2), the District Magistrate, shall fix the amount of compensation or of annual rent, or of both, which should in his opinion be paid by the licensee to the owner or occupier. (4) Every order made by a District Magistrate under sub-section (2) shall be subject to revision by the Government. (5) Nothing contained in sub-section (1) shall be deemed to authorise or empower any licensee to open or break up any street not repairable by the Government or a local authority, or any railway or tramway, except such streets, railways or tramways (if any), or such parts thereof, as he is specially authorised to break up by his license, without the written consent of the person by whom the street is repairable or of the person for the time being entitled to work the railway or tramway unless with the written consent of the Government: Provided that the Government shall not give any such consent as aforesaid, until the licensee has given notice by advertisement or otherwise as the Government may direct, and within such period as the Government may fix in this behalf, to the person above referred to, and until all representations or objections received in accordance with the notice have been considered by the Government.",
"name": "Provisions as to the opening and breaking up of streets, railways and tramways",
"related_acts": "",
"section_id": 12
},
{
"act_id": 93,
"details": "13. (1) Where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works in, under, over, along or across any street, part of a street, railway, tramway, canal or waterway, the following provisions shall have effect, namely:- (a)\tnot less than one month before commencing the execution of the works (not being a service line immediately attached, or intended to be immediately attached, to a distributing main, or the repair, renewal or amendment of existing works of which the character or position is not to be altered), the licensee shall serve upon the person responsible for the repair of the street or part of a street (hereinafter in this section referred to as “the repairing authority”) or upon the person for the time being entitled to work the railway, tramway, canal or waterway (hereinafter in this section referred to as “the owner”), as the case may be, a notice in writing describing the proposed works, together with a section and plan thereof on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than one inch to eight feet vertically and sixteen inches to the mile horizontally and intimating the manner in which, and the time at which, it is proposed to interfere with or alter any existing works, and shall, upon being required to do so by the repairing authority or owner, as the case may be, from time to time give such further information in relation thereto as may be desired; (b)\tif the repairing authority intimates to the licensee that it disapproves of such works, section or plan, or approves thereof subject to amendment, the licensee may, within one week of receiving such intimation, appeal to the Government, whose decision, after considering the reasons given by the repairing authority for its action, shall be final; (c)\tif the repairing authority fails to give notice in writing of its approval or disapproval to the licensee within one month, it shall be deemed to have approved of the works, section and plan, and the licensee, after giving not less than forty-eight hours' notice in writing to the repairing authority, may proceed to carry out the works in accordance with the notice and the section and plan served under clause (a); (d)\tif the owner disapproves of such works, section or plan, or approves thereof subject to amendment, he may, within three weeks after the service of the notice under clause (a), serve a requisition upon the licensee demanding that any question in relation to the works or to compensation, or to the obligations of the owner to others in respect thereof, shall be determined by arbitration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration; (e)\twhere no requisition has been served by the owner upon the licensee under clause (d), within the time named, the owner shall be deemed to have approved of the works, section and plan, and in that case, or where after a requisition for arbitration the matter has been determined by arbitration, the works may, upon payment or securing of compensation, be executed according to the notice and the section and plan, subject to such modifications as may have been determined by arbitration or agreed upon between the parties; (f)\twhere the works to be executed consist of the laying of any underground service line immediately attached, or intended to be immediately attached, to a distributing main, the licensee shall give to the repairing authority or the owner, as the case may be, not less than forty-eight hours' notice in writing of his intention to execute such works; (g)\twhere the works to be executed consist of the repair, renewal or amendment of existing works of which the character or position is not to be altered, the licensee shall, except in cases of emergency, give to the repairing authority, or to the owner, as the case may be, not less than forty-eight hours' notice in writing of his intention to execute such works, and, on the expiry of such notice, such works shall be commenced forthwith and shall be carried on with all reasonable despatch, and, if possible, both by day and by night until completed. (2) Where the licensee makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. (3) Notwithstanding anything in this section, the licensee may, in case of emergency due to the breakdown of an underground electric supply-line, after giving notice in writing to the repairing authority or the owner, as the case may be, of his intention to do so, place an aerial line without complying with the provisions of sub-section (1): Provided that such aerial line shall be used only until the defect in the underground electric supply-line can be made good, and in no case unless with the written consent of the Government for a period exceeding six weeks, and shall be removed as soon as may be after such defect is removed.",
"name": "Notice of new works",
"related_acts": "",
"section_id": 13
},
{
"act_id": 93,
"details": "14. (1) Any licensee may alter the position of any pipe (not forming, in a case where the licensee is not a local authority, part of a local authority's main sewer), or of any wire under or over any place which he is authorised to open or break up, if such pipe or wire is likely to interfere with the exercise of his powers under this Act; and any person may alter the position of any electric supply-lines or works of a licensee under or over any such place as aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him. (2) In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely:- (a)\tnot less than one month before commencing any alteration, the licensee or other person desiring to make the same (hereinafter in this section referred to as “the operator”) shall serve upon the person for the time being entitled to the pipe, wire, electric supply-lines or works as the case may be (hereinafter in this section referred to as “the owner”), a notice in writing, describing the proposed alteration, together with a section and plan thereof on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than one inch to eight feet vertically and sixteen inches to the mile horizontally, and intimating the time when it is to be commenced, and shall subsequently give such further information in relation thereto as the owner may desire; (b)\twithin fourteen days after the service of the notice, section and plan upon the owner, the owner may serve upon the operator a requisition to the effect that any question arising upon the notice, section or plan shall be determined by arbitration, and thereupon the mater shall, unless settled by agreement, be determined by arbitration; (c)\tevery arbitrator to whom a reference is made under clause (b) shall have regard to any duties or obligations which the owner is under, and may require the operator to execute any temporary or other works so as to avoid, as far as possible, interference therewith; (d)\twhere no requisition is served upon the operator under clause (b) within the time named, or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may, upon payment or securing of any compensation accepted for determined by arbitration, be executed in accordance with the notice, section and plan and subject to such modifications as may have been determined by arbitration or agreed upon between the parties; (e)\tthe owner may, at any time before the operator is entitled to commence the alteration, serve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in default of agreement, determined by arbitration; (f)\twhere a statement is served upon the operator under clause (e), he shall, not less than forty-eight hours before the execution of the alteration is required to be commenced, furnish such security and serve upon the owner a notice in writing intimating the time when the alteration is required to be commenced, and the manner in which it is required to be made; and thereupon the owner may proceed to execute the alteration as required by the operator; (g)\twhere the owner declines to comply, or does not, within the time and in the manner prescribed by a notice served upon him under clause (f), comply with the notice, the operator may himself execute the alteration; (h)\tall expenses properly incurred by the owner in complying with a notice served upon him by the operator under clause (f) may be recovered by him from the operator. (3) Where the licensee or other person desiring to make the alteration makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.",
"name": "Alteration of pipes or wires",
"related_acts": "",
"section_id": 14
},
{
"act_id": 93,
"details": "15. (1) Where- (a)\tthe licensee requires to dig or sink any trench for laying down any new electric supply-lines or other works, near to which any sewer, drain, water-course or work under the control of the Government or of any local authority, or any pipe, syphon, electric supply-line or other work belonging to any duly authorised person, has been lawfully placed, or (b)\tany duly authorised person requires to dig or sink any trench for laying down or constructing any new pipes or other works, near to which any electric supply-lines or works of a licensee have been lawfully placed, the licensee or such duly authorised person, as the case may be (hereinafter in this section referred to as “the operator”), shall, unless it is otherwise agreed upon between the parties interested or in case of sudden emergency, give to the Government or local authority, or to such duly authorised person or to the licensee, as the case may be (hereinafter in this section referred to as “the owner”), 6immediate intimation in writing by special messenger or by telephonic message followed by written intimation before commencing to dig or sink the trench and the owner shall have the right to be present during the execution of the work, which shall be executed to the reasonable satisfaction of the owner. (2) Where the operator finds it necessary to undermine, but not to alter, the position of any pipe, electric supply-line or work, he shall support it in position during the execution of the work, and before completion shall provide a suitable and proper foundation for it where so undermind. (3) Where the operator (being the licensee) lays any electric supply-line across, or so as to be liable to touch, any pipes, lines or service-pipes or service-lines belonging to any duly authorised person or to any person supplying, transmitting or using energy under this Act, he shall not, except with the written consent of such person and in accordance with section 34, sub-section (1), lay his electric supply-lines so as to come into contact with any such pipes, lines or service-pipes or service-lines. (4) Where the operator makes default in complying with any of the provisions of this section, he shall make full compensation for any loss or damage incurred by reason thereof. (5) Where any difference or dispute arises under this section, the matter shall be determined by arbitration. (6) Where the licensee is a local authority, the references in this section to the local authority and to sewers, drains, water-courses or works under its control shall not apply.",
"name": "Laying of electric supply-lines or other works near sewers, pipes or other electric supply-lines or works",
"related_acts": "",
"section_id": 15
},
{
"act_id": 93,
"details": "16. (1) Where any person, in exercise of any of the powers conferred by or under this Act, opens or breaks up the soil or pavement of any street, railway or tramway, or any sewer, drain or tunnel, he shall- (a)\timmediately cause the part opened or broken up to be fenced and guarded; (b)\tbefore sunset cause a light or lights, sufficient for the warning of passengers, to be set up and maintained until sunrise against or near the part opened or broken up; (c)\twith all reasonable speed fill in the ground and reinstate and make good the soil or pavement, or the sewer, drain or tunnel, opened or broken up, and carry away the rubbish occasioned by such opening or breaking up; and (d)\tafter reinstating and making good the soil or pavement, or the sewer, drain or tunnel broken or opened up, keep the same in good repair for there months and for any further period, not exceeding nine months, during which subsidence continues. (2) Where any person fails to comply with any of the provisions of sub-section (1), the person having the control or management of the street, railway, tramway, sewer, drain or tunnel in respect of which the default has occurred, may cause to be executed the work which the defaulter has delayed or omitted to execute, and may recover from him the expenses incurred in such execution. (3) Where any difference or dispute arises as to the amount of the expenses incurred under sub-section (2), the matter shall be determined by arbitration.",
"name": "Streets, railways, tramways, sewers, drains or tunnels broken up to be reinstated without delay",
"related_acts": "",
"section_id": 16
},
{
"act_id": 93,
"details": "17. (1) A licensee shall, before laying down or placing, within ten yards of any part of any telegraph-line, any electric supply-line or other works (not being either service lines or electric supply-lines for the repair, renewal or amendment of existing works of which the character or position is not to be altered), give not less than ten days notice in writing to the telegraph-authority, specifying- (a) \tthe course of the works or alteration proposed, (b) \tthe manner in which the works are to be utilised, (c) \tthe amount and nature of the energy to be transmitted, and (d)\tthe extent to, and manner in, which (if at all) earth returns are to be used; and the licensee shall conform with such reasonable requirements, either general or special, as may be laid down by the telegraph authority within that period for preventing any telegraph-line from being injuriously affected by such works or alterations: Provided that, in case of emergency (which shall be stated by the licensee in writing to the telegraph-authority) arising from defects in any of the electric supply-lines or other works of the licensee, the licensee shall be required to give only such notice as may be possible after the necessity for the proposed new works or alterations has arisen. (2) Where the works to be executed consist of the laying or placing of any service line, the licensee shall, not less than forty-eight hours before commencing the work, serve upon the telegraph-authority a notice in writing of his intention to execute such works.",
"name": "Notice to telegraph authority",
"related_acts": "",
"section_id": 17
},
{
"act_id": 93,
"details": "18. (1) Save as provided in section 13, sub-section (3), nothing in this Part shall be deemed to authorise or empower a licensee to place any aerial line along or across any street, railway, tramway, canal or waterway unless and until the Government has communicated to him a general approval in writing of the methods of construction which he proposes to adopt: Provided that the communication of such approval shall in no way relieve the licensee of his obligations with respect to any other consent required by or under this Act. (2) Where any aerial line has been placed or maintained by a licensee in breach of the provisions of sub-section (1), the Government may require the licensee forthwith to remove the same, or may cause the same to be removed, and recover from the licensee the expenses incurred in such removal. (3) Where any tree standing or lying near an aerial line, or where any structure or other object which has been placed or has fallen near an aerial line subsequently to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of energy or the accessibility of any works, a Magistrate of the first class may, on the application of the licensee, cause the tree, structure of object to be removed or otherwise dealt with as he thinks fit. (4) When disposing of an application under sub-section (3), the Magistrate shall, in the case of any tree in existence before the placing of the aerial line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. Explanation − For the purposes of this section, the expression “tree” shall be deemed to include any shrub, hedge, jungle-growth or other plant.",
"name": "Aerial lines",
"related_acts": "",
"section_id": 18
},
{
"act_id": 93,
"details": "19. (1) A licensee shall, in exercise of any of the powers conferred by or under this Act, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him. (2) Save in the case provided for in section 12, sub-section (3), where any difference or dispute arises as to the amount or the application of such compensation, the matter shall be determined by arbitration.",
"name": "Compensation for damage",
"related_acts": "",
"section_id": 19
},
{
"act_id": 93,
"details": "719A. For the purposes of this Act, the point at which the supply of energy by a licensee to a consumer shall be deemed to commence shall be determined in such manner as may be prescribed.",
"name": "Point where supply is delivered",
"related_acts": "",
"section_id": 20
},
{
"act_id": 93,
"details": "20. (1) A licensee or any person duly authorised by a licensee may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which energy is or has been supplied by him, for the purpose of- (a)\tinspecting and testing the electric supply-lines, meters, fittings, works, and apparatus for the supply of energy belonging to the licensee; or (b)\tascertaining the amount of energy supplied or the electrical quantity contained in the supply; or (c)\tremoving, where a supply of energy is no longer required, or where the licensee is authorised to take away and cut off such supply, any electric supply-lines meters, fittings, works or apparatus belonging to the licensee. (2) A licensee or any person authorised as aforesaid may also, in pursuance of a special order in this behalf made by the 8Magistrate of the 1st class, and after giving not less than twenty-four hours' notice in writing to the occupier, enter any premises to which energy is or has been supplied, or is to be supplied, by him for the purpose of examining and testing the electric wires, fittings, works and apparatus for the use of energy belonging to the consumer. (3) Where a consumer refuses to allow a licensee or any person authorised as aforesaid to enter his premises in pursuance of the provisions of sub-section (1) or sub-section (2), or, when such licensee or person has so entered, refuses to allow him to perform any act which he is authorised by those sub-sections to perform, or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer.",
"name": "Power for licensee to enter premises and to remove fittings or other apparatus of licensee",
"related_acts": "",
"section_id": 21
},
{
"act_id": 93,
"details": "21. (1) A licensee shall not be entitled to prescribe any special form of appliance for utilising energy supplied by him, or, save as provided by section 23, sub-section (2), or by section 26, sub-section (7), in anyway to control or interfere with the use of such energy: Provided that no person may adopt any form of appliance, or use the energy supplied to him, so as unduly or improperly to interfere with the supply by the licensee of energy to any other person. (2) Subject to the provisions of sub-section (1), a licensee may, with the previous sanction of the Government, given after consulting the local authority, where the licensee is not the local authority, make conditions not inconsistent with this Act or with his license or with any rules made under this Act, to regulate his relations with persons who are or intend to become consumers, and may, with the like sanction given after the like consultation, add to or alter or amend any such conditions; and any conditions made by a licensee without such sanction shall be null and void: 9* * * (3) The Government may, after the like consultation, cancel any condition or part of a condition previously sanctioned under sub-section (2) after giving to the licensee not less than one month's notice in writing of its intention so to do. (4) Where any difference or dispute arises as to whether a licensee has prescribed any appliance or controlled or interfered with the use of energy in contravention of sub-section (1), the matter shall be either referred to an Electric Inspector and decided by him or, if the licensee or consumer so desires, determined by arbitration.",
"name": "Restrictions on licensee’s controlling or interfering with use of energy",
"related_acts": "",
"section_id": 22
},
{
"act_id": 93,
"details": "22. Where energy is supplied by a licensee, every person within the area of supply shall, except in so far as is otherwise provided by the terms and conditions of the license, be entitled, on application, to a supply on the same terms as those on which any other person in the same area is entitled in similar circumstances to a corresponding supply: Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of energy for any premises having a separate supply unless he has agreed with the licensee to pay to him such minimum annual sum as will give him a reasonable return on the capital expenditure, and will cover other standing charges incurred by him in order to meet the possible maximum demand for those premises, the sum payable to be determined in case of difference or dispute by arbitration.",
"name": "Obligation on licensee to supply energy",
"related_acts": "",
"section_id": 23
},
{
"act_id": 93,
"details": "23. (1) A licensee shall not, in making any agreement for the supply of energy, show undue preference to any person, but may, save as aforesaid, make such charges for the supply of energy as may be agreed upon, not exceeding the limits imposed by his license. (2) No consumer shall, except with the consent in writing of the licensee, use energy supplied to him under one method of charging in a manner for which a higher method of charging is in force. (3) In the absence of an agreement to the contrary, a licensee may charge for energy supplied by him to any consumer- (a) \tby the actual amount of energy so supplied, or 10(b) \tby the connected load in the supply, or (c)\tby such other method as may be approved by the Government. (4) Any charges made by a licensee under clause (c) of sub-section (3) may be based upon, and vary in accordance with, any one or more of the following considerations, namely:- (a)\tthe consumer's load factor, or (b)\tthe power factor of his load, or (c)\this total consumption of energy during any stated period, or 11(cc) \tthe maximum demand by the consumer, load sanctioned by the licensee or contracted load, or (d)\tthe hours at which the supply of energy is required.",
"name": "Charges for energy to be made without undue preference",
"related_acts": "",
"section_id": 24
},
{
"act_id": 93,
"details": "24. (1) Where any person neglects to pay 12within the period stated therein in the bill any charge for energy or any sum, other than a charge for energy, due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving not less than 13ten clear days' notice in writing to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply and for that purpose cut or disconnect any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and re-connecting the supply, are paid, but no longer. (2) Where any difference or dispute has been referred under this Act to an Electric Inspector before notice as aforesaid has been given by the licensee, the licensee shall not exercise the powers conferred by this section until the Inspector has given his decision: Provided that the prohibition contained in this sub-section shall not apply in any case in which the licensee has made a request in writing to the consumer for a deposit with the Electric Inspector of the amount of the licensee's charges or other sums in dispute or for the deposit of the licensee's charges or other sums in dispute or for the deposit of the licensee's further charges for energy as they accrue, and the consumer has failed to comply with such request.",
"name": "Discontinuance of supply to consumer neglecting to pay charge",
"related_acts": "",
"section_id": 25
},
{
"act_id": 93,
"details": "25. Where any electric supply-lines, meters, fittings, works or apparatus belonging to a licensee are placed in or upon any premises, not being in the possession of the licensee, for the purpose of supplying energy, such electric supply-lines, meters, fittings, works and apparatus shall not be liable to be taken in execution under any process of any Civil Court or in any proceedings in insolvency against the person in whose possession the same may be.",
"name": "Exemption of electric supply-lines or other apparatus from attachment in certain cases",
"related_acts": "",
"section_id": 26
},
{
"act_id": 93,
"details": "26. (1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electrical quantity contained in the supply shall be ascertained by means of a correct meter, and the licensee shall 14* * * cause the consumer to be supplied with such a meter: 15Provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof: Provided further that the licensee may allow the consumer to arrange his own meter subject to the conditions that the consumer must get the meter tested and sealed by the licensee. (2) Where the consumer so enters into an agreement for the hire of a meter, the licensee shall keep the meter correct, and, in default of his doing so, the consumer shall, for so long as the default continues, cease to be liable to pay for the hire of the meter. (3) Where the meter is the property of the consumer, he shall keep the meter correct, and, in default of his doing so, the licensee may, after giving him seven days' notice, for so long as the default continues, cease to supply energy through the meter. (4) The licensee or any person duly authorised by the licensee shall, at any reasonable time and on informing the consumer of his intention, have access to, and be at liberty to inspect and test, and for that purpose, if he thinks fit, take off and remove, any meter referred to in sub-section (1); and, except where the meter is so hired as aforesaid, all reasonable expenses of, and incidental to, such inspecting, testing, taking off and removing shall, if the meter is found to be otherwise than correct, be recovered from the consumer; and, where any difference or dispute arises as to the amount of such reasonable expenses, the matter shall be referred to an Electric Inspector, and the decision of such Inspector shall be final: Provided that the licensee shall not be at liberty to take off or remove any such meter if any difference or dispute of the nature described in sub-section (6) has arisen until the matter has been determined as therein provided. (5) A consumer shall not connect any meter referred to in sub-section (1) with any electric supply-line through which energy is supplied by a licensee, or disconnect the same from any such electric supply-line, without giving to the licensee not less than forty-eight hour's notice in writing of his intention. (6) Where any difference or dispute arises as to whether any meter referred to in sub-section (1) is or is not correct, the matter shall be decided, upon the application of either party, by an Electric Inspector, or by a competent person specially appointed by the Government 16in this behalf within a period of ninety days from the date of receipt of such application and after affording the parties an opportunity of being heard; and, where the meter has, in the opinion of such Inspector or person, ceased to be correct, such Inspector or person shall estimate the amount of the energy supplied to the consumer 17or the connected load in the supply, during such time as the meter shall not, in the opinion of such Inspector or person, have been correct; and where the matter has been decided by any person other than the Electric Inspector, an appeal shall lie to the Inspector, whose decision shall in every case be final: but, save as aforesaid, the register of the meter shall, in the absence of fraud, be conclusive proof of such amount or quantity: Provided that, before either a licensee or a consumer applies to the Electric Inspector under this sub-section, he shall give to the other party not less than seven days' notice of his intention so to do. (7) In addition to any meter which may be placed upon the premises of a consumer in pursuance of the provisions of sub-section (1), the licensee may place upon such premises such meter, maximum demand indicator or other apparatus as he may think fit for the purpose of ascertaining or regulating either the amount of energy supplied to the consumer, or the number of hours during which the supply is given, or the rate per unit of time at which energy is supplied to the consumer, or any other quantity or time connected with the supply: Provided that the meter, indicator or apparatus shall not, in the absence of an agreement to the contrary, be placed otherwise than between the distributing mains of the licensee and any meter referred to in sub-section (1): Provided, also, that, where the charges for the supply of energy depend wholly or partly upon the reading or indication of any such meter, indicator or apparatus as aforesaid, the licensee shall, in the absence of an agreement to the contrary, keep the meter, indicator or apparatus correct; and the provisions of sub-sections (4), (5) and (6) shall in that case apply as though the meter, indicator or apparatus were a meter referred to in sub-section (1). Explanation − A meter shall be deemed to be “correct” if it registers the amount of energy supplied, or the electrical quantity contained in the supply, within the prescribed limits of error, and a maximum demand indicator or other apparatus referred to in sub-section (7) shall be deemed to be “correct” if it complies with such conditions as may be prescribed in the case of any such indicator or other apparatus.",
"name": "Meters",
"related_acts": "",
"section_id": 27
},
{
"act_id": 93,
"details": "27. Notwithstanding anything in this Act, the Government may, by order in writing, and subject to such conditions and restrictions, if any, as it thinks fit to impose, authorise any licensee to supply energy to any person outside the area of supply, and to lay down or place electric supply-lines for that purpose: Provided, first, that no such authority shall be conferred on the licensee within the area of supply of another licensee without that licensee's consent, unless the Government considers that his consent has been unreasonably withheld: Provided, secondly, that such authority shall not be conferred unless the person to whom the supply is to be given has entered into a specific agreement with the licensee for the taking of such supply: Provided, thirdly, that a licensee on whom such authority has been conferred shall not be deemed to be empowered outside the area of supply to open or break up any street, or any sewer, drain or tunnel in or under any street, railway or tramway, or to interfere with any telegraph-line, without the written consent of the local authority or person by whom such street, sewer, drain or tunnel is repairable, or of the telegraph-authority, as the case may be, unless the Government, after such inquiry as it thinks fit, considers that such consent has been unreasonably withheld: Provided, fourthly, that, save as aforesaid, the provisions of this Act shall apply in the case of any supply authorised under this section as if the said supply were made within the area of supply.",
"name": "Supply of energy outside area of supply",
"related_acts": "",
"section_id": 28
},
{
"act_id": 93,
"details": "28. (1) No person, other than a licensee, shall engage in the business of supplying energy except with the previous sanction of the Government and in accordance with such conditions as the Government may fix in this behalf, and any agreement to the contrary shall be void:Provided that such sanction shall not be given within the area for which a local authority is constituted, without that local authority's consent, or within the area of supply of any licensee, without that licensee's consent, unless the Government considers that consent has been unreasonably withheld. (2) Where any difference or dispute arises as to whether any person is or is not engaging; or about to engage, in the business of supplying energy within the meaning of sub-section (1), the matter shall be referred to the Government, and the decision of the Government thereon shall be final. (3) The Government may, if in its opinion the public interest so requires, cancel or discontinue, at any time, the sanction given under sub-section (1). (4) Where the Government revokes, cancels or discontinues a sanction given under sub-section (1), the provisions of section 5 shall apply mutatis mutandis.",
"name": "Sanction required by non-licensees in certain cases",
"related_acts": "",
"section_id": 29
},
{
"act_id": 93,
"details": "1829A. The provisions of sub-sections (3) and (4) of section 18 and of the Explanation thereto shall apply in the case of any aerial line placed by any railway administration as defined in section 3 of the Railways Act, 1890, as if references therein to the licensee were references to the railway administration.",
"name": "Application of section 18 to aerial lines maintained by railways",
"related_acts": "65",
"section_id": 30
},
{
"act_id": 93,
"details": "29. (1) The local authority may, by order in writing, confer and impose upon any person, who has obtained the sanction of the Government under section 28 to engage in the business of supplying energy, all or any of the powers and liabilities of a licensee under sections 12 to 19, both inclusive, and the provisions of the said sections shall thereupon apply as if such person were a licensee under Part II. (2) A local authority, not being a licensee, shall, for the purpose of lighting any street, have the powers and be subject to the liabilities respectively conferred and imposed by sections 12 to 19, both inclusive, so far as applicable, as if it were a licensee under Part II. (3) In cases other than those for which provision is made by sub-section (1), the person responsible for the repair of any street may, by order in writing, confer and impose upon any person who proposes to transmit energy in such street all or any of the powers and liabilities of a licensee under sections 12 to 19 (both inclusive), in so far as the same relate to- (a)\topening or breaking up of the soil or pavement of such street, or (b)\tlaying down or placing electric supply-lines in, under, along or across such street, or (c)\trepairing, altering or removing such electric supply-lines, and thereupon the provisions of the said sections shall, so far as aforesaid, apply to such person as if he were a licensee under Part II. (4) If no order is made within fourteen days after the receipt of an application for the same under sub-section (1) or sub-section (3), the order so applied for shall be deemed to have been refused, and every order, and every refusal to make an order, under sub-section (1) or sub-section (3), shall be subject to revision by the Government.",
"name": "Power for non-licensees to break up streets",
"related_acts": "",
"section_id": 31
},
{
"act_id": 93,
"details": "30. (1) No person, other than a licensee duly authorized under the terms of his license, shall transmit or use energy at a rate exceeding 19one kilowatt,- (a)\tin any street, or (b)\tin any place, (i)\tin which one hundred or more persons are likely ordinarily to be assembled, or (ii)\twhich is a factory within the meaning of the 20Factories Act, 1965, or (iii)\twhich is a mine within the meaning of the 21Mines Act, 1923, or (iv)\tto which the Government, by general or special order, declares the provisions of this sub-section to apply, 22without obtaining permission from the Government and complying with such of the provisions of Part IV, and of the rules made thereunder, as may be applicable: Provided that nothing in this section shall apply to energy used for the public carriage of passengers, animals or goods on, or for the lighting or ventilation of the rolling-stock of, any railway or tramway subject to the provisions of the Railways Act, 1890: Provided, also, that the Government may, by general or special order and subject to such conditions and restrictions as may be specified therein, exempt from the application of this section or of any such provision or rule as aforesaid any person or class of persons using energy on premises upon or in connection with which it is generated, or using energy supplied under Part II in any place specified in clause (b). (2) Where any difference or dispute arises as to whether a place is or is not one in which one hundred or more persons are likely ordinarily to be assembled, the matter shall be referred to the Government, and the decision of the Government thereon shall be final. (3) The provisions of this section shall be binding on the Government.",
"name": "Control of transmission and use of energy",
"related_acts": "126,65",
"section_id": 32
},
{
"act_id": 93,
"details": "31. No person shall, in the generation, transmission, supply or use of energy, in any way injure any railway, tramway, canal or waterway or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, tramway, canal or water-way.",
"name": "Protection of railways and canals, docks, wharves and piers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 93,
"details": "32. (1) Every person generating, transmitting, supplying or using energy (hereinafter in this section referred to as the “operator”) shall take all reasonable precautions in constructing, laying down and placing his electric supply-lines and other works and in working his system, so as not injuriously to affect, whether by induction, or otherwise, the working of any wire or line used for the purpose of telegraphic, telephonic or electric- signalling communication, or the currents in such wire or line. (2) Where any difference or dispute arises between the operator and the telegraph-authority as to whether the operator has constructed, laid down or placed his electric supply-lines or other works, or worked his system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Government; and the Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric supply-lines or works of the operator after the construction of such lines or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric supply-line so long as the course of the electric supply-line and the amount and nature of the energy transmitted thereby are not altered. (3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. Explanation − For the purposes of this section, a telegraph-line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric supply-line or work or by any use made thereof.",
"name": "Protection of telegraphic, telephonic and electric signalling lines",
"related_acts": "",
"section_id": 34
},
{
"act_id": 93,
"details": "33. (1) If any accident occurs in connection with the generation, transmission, supply or use of energy in, or in connection with, any part of the electric supply-lines or other works of any person, and the accident results or is likely to have resulted in loss of life or personal injury, such person shall give notice of the occurrence, and of any loss of life or personal injury actually occasioned by the accident, in such form and within such time and to such authorities as the Government may, by general or special order, direct. (2) The Government may, if it thinks fit, require any Electric Inspector, or any other competent person appointed by it in this behalf, to inquire and report- (a)\tas to the cause of any accident affecting the safety of the public, which may have been occasioned by, or in connection with, the generation, transmission, supply or use of energy, or (b)\tas to the manner in, and extent to, which the provisions of this Act or of any license or rules thereunder, so far as those provisions affect the safety of any person, have been complied with.",
"name": "Notice of accidents and inquiries",
"related_acts": "",
"section_id": 35
},
{
"act_id": 93,
"details": "34. (1) No person shall, in the generation, transmission, supply or use of energy, permit any part of his electric supply-lines to be connected with earth except so far as may be prescribed in this behalf or may be specially sanctioned by the Government. (2) If at any time it is established to the satisfaction of the Government- (a)\tthat any part of an electric supply-line is connected with earth contrary to the provisions of sub-section (1), or (b)\tthat any electric supply-lines or other works for the generation, transmission, supply or use of energy are attended with danger to the public safety or to human life or injuriously affect any telegraph-line, or (c)\tthat any electric supply-lines or other works are defective so as not to be in accordance with the provisions of this Act or of any rule thereunder, the Government may, by order in writing, specify the matter complained of and require the owner or user of such electric supply-lines or other works to remedy it in such manner as shall be specified in the order, and may also in like manner forbid the use of any electric supply-line or works until the order is complied with or for such time as is specified in the order.",
"name": "Prohibition of connection with earth, and power for Government to interfere in certain cases of default",
"related_acts": "",
"section_id": 36
},
{
"act_id": 93,
"details": "35. (1) The Government may, for the whole or any part of 23Bangladesh, by notification in the official Gazette, constitute an 24Electricity Board. (2) The Board shall consist of a chairman and not less than two other members. (3) The Government may, by general or special order,- (a)\tdetermine the number of members of which the Board shall be constituted and the manner in which such members shall be appointed, (b)\tdefine the duties and regulate the procedure of the Board, (c)\tdetermine the tenure of office of the members of the Board, and (d)\tgive directions as to the payment of fees to, and the travelling expenses incurred by, any member of the Board in the performance of his duty.",
"name": "Advisory Board",
"related_acts": "",
"section_id": 37
},
{
"act_id": 93,
"details": "36A. Omitted by section 3 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959).",
"name": "Omitted",
"related_acts": "",
"section_id": 38
},
{
"act_id": 93,
"details": "36. (1) 25Omitted by Schedule of the Central Laws (Adaptation) Order, 1964. (2) The Government may, by notification in the official Gazette, appoint duly qualified persons to be Electric Inspectors within such areas as may be assigned to them respectively; and every Inspector so appointed shall exercise the powers and perform the functions of an Electric Inspector under this Act subject to such restrictions as the Government may direct. (3) In the absence of express provision to the contrary in this Act, or any rule thereunder, an appeal shall lie from the decision of an Electric Inspector to the Government or, if the Government, by general or special order, so directs, to the Electricity Board.",
"name": "Appointment of Electric Inspectors",
"related_acts": "",
"section_id": 39
},
{
"act_id": 93,
"details": "37. (1) The Government may make rules for the whole of 26Bangladesh or any part thereof, to regulate the generation, transmission, supply and use of energy, and, generally, to carry out the purposes and objects of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a)\tprescribe the form of applications for licenses and the payments to be made in respect thereof; (b)\tregulate the publication of notices; (c)\tprescribe the manner in which objections with reference to any application under Part II are to be made; (d)\tprovide for the preparation and submission of accounts by licensees in a specified form; (e)\tprovide for the securing of a regular, constant and sufficient supply of energy by licensees to consumers and for the testing at various parts of the system of the regularity and sufficiency of such supply and for the examination of the records of such tests by consumers; (f)\tprovide for the protection of persons and property from injury by reason of contact with, or the proximity of, or by reason of the defective or dangerous condition of, any appliance or apparatus used in the generation, transmission, supply or use of energy; (g)\tfor the purposes of electric traction regulate the employment of insulated returns, or of uninsulated metallic returns of low resistance, in order to prevent fusion or injurious electrolytic action of or on metallic pipes, structures or substances, and to minimise, as far as is reasonably practicable, injurious interference with the electric wires, supply-lines and apparatus of parties other than the owners of the electric traction system, or with the currents therein, whether the earth is used as a return or not; (h)\tprovide for preventing telegraph-lines and magnetic observatories or laboratories from being injuriously affected by the generation, transmission, supply or use of energy; (i)\tprescribe the qualifications to be required of Electric Inspectors; (j)\tauthorise any Electric Inspector or other officer of a specified rank and class to enter, inspect and examine any place, carriage or vessel in which he has reason to believe any appliance or apparatus used in the generation, transmission, supply or use of energy to be, and to carry out tests therein, and to prescribe the facilities to be given to such Inspectors or officers for the purposes of such examinations and tests; (k)\tauthorise and regulate the levy of fees for any such testing or inspection and, generally, for the services of Electric Inspectors under this Act; and (l)\tprovide for any matter which is to be or may be prescribed. (3) Omitted by section 4 of the Electricity (East Pakistan Amendment) Ordinance, 1959 (Ordinance No. XVIII of 1959). (4) In making any rule under this Act, the Electricity Board may direct that every breach thereof shall be punishable with fine which may extend to 27one thousand taka, and, in the case of a continuing breach, with a further daily fine which may extend to 28one hundred taka.",
"name": "Power for Board to make rules",
"related_acts": "",
"section_id": 40
},
{
"act_id": 93,
"details": "38. (1) The power to make rules under section 37 shall be subject to the condition of the rules being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897, as that after which a draft of rules proposed to be made under section 37 will be taken into consideration shall not be less than three months from the date on which the draft of the proposed rules was published for general information. (3) All rules under section 37 shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.",
"name": "Further provisions respecting rules",
"related_acts": "73",
"section_id": 41
},
{
"act_id": 93,
"details": "29 3039. (1) Whoever dishonestly abstracts, consumes or uses energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to a fine of ten thousand taka. Explanation 1.-The existence of any device, contrivance or artificial means for such abstraction, consumption or use shall be prima facie evidence of dishonest abstraction, consumption or use. Explanation 2 - A person shall be deemed to have dishonestly abstracted, consumed or used energy, if he is found- (a)\tto have tampered or interfered with the set order of wiring connection of any meter, measuring apparatus, including Kilowatt meter, Kilowatt hour meter, Kilowatt ampere hour meter, kilovolt ampere meter, kilovolt ampere reactive hour meter, current transformers, potential transformers or their respective fuses installed by the licensee for the supply and registration of energy; or (b)\tto have prevented by drilling hole in the casing, covering or glass, or by jamming the mechamism by mechanical, magnetic or by any other means, any meter, maximum demand indicator or other measuring apparatus from duly registering the amount of energy supplied or the electrical quantity contained in the supply; or (c)\tto have connected, without written consent of the licensee, his installations, appliances, and apparatus for the consumption or use of energy with the licensee's work directly without passing through a meter, maximum demand indicator or other measuring apparatus. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.",
"name": "Penalty for dishonest abstraction, etc. of energy",
"related_acts": "",
"section_id": 42
},
{
"act_id": 93,
"details": "39A. Whoever installs or uses any device, contrivance or artificial means for dishonest abstraction, consumption or use of energy of a licensee, whether he derives any benefit therefrom or not, 31shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka and if it is proved that any device, contrivance or artificial means for such abstraction, consumption or use exists or has existed on a premises, it shall be presumed, unless the contrary is proved, that such person has committed an offence under this section. Explanation. − In this section, “artificial means” include- (a)\tmaking of direct electrical connection from the aerial line through artificial jumper; (b)\tmaking of direct electrical connection from transformers, cable, meter's main terminals and from consumer's installations through artificial wiring; (c)\tdisconnecting the potential link from the meter terminals by means of a plier, screw driver, cuter or any other instruments; (d)\tbreaking the glass cover of a meter or drilling hole in the casing or covering of a meter by any means; (e)\tstopping or slowing the revolutions of a meter disc by artificial magnet; or (f)\tstopping or slowing or reversing the revolutions of the meter disc by changing the phase sequence of meter through artificial electrical circuit.",
"name": "Penalty for installation of artificial means, etc.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 93,
"details": "3240A. Whoever dishonestly removes, dismantles, commits theft or wilfully damages any line materials such as, pole, tower parts, conductors, transformers from an electric supply-line belonging to a licensee 33shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.",
"name": "Penalty for the theft of line materials, tower members, equipments, etc., from any electric supply system",
"related_acts": "",
"section_id": 44
},
{
"act_id": 93,
"details": "3440B. Whoever dishonestly receives or retains any stolen electric-line materials or sub-station materials or equipment knowing or having reasons to believe the same to be stolen property, shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty five thousand taka.",
"name": "Penalty for dishonestly receiving stolen property",
"related_acts": "",
"section_id": 45
},
{
"act_id": 93,
"details": "3540. (1) Whoever maliciously causes energy to be wasted or diverted, or, with intent to cut off the supply of energy, cuts or injures, or attempts to cut or injure, any electric supply-line or works shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to a fine of ten thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to twenty thousand taka.",
"name": "Penalty for maliciously wasting energy or injuring works",
"related_acts": "",
"section_id": 46
},
{
"act_id": 93,
"details": "3641. (1) Whoever, in contravention of the provisions of section 28, engages in the business of supplying energy shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to fine which may extend to fifteen thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such-second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.",
"name": "Penalty for unauthorized supply of energy by non-licensees",
"related_acts": "",
"section_id": 47
},
{
"act_id": 93,
"details": "3742. (1) Whoever- (a)\tbeing a licensee, save as permitted under section 27 or section 51 or by his license, supplies energy or lays down or places any electric supply-line or works outside the area of supply; or (b)\tbeing a licensee, in contravention of the provisions of this Act or of the rules thereunder, or in breach of the conditions of his license, and without reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply energy; or (c)\tmakes default in complying with any order issued to him under section 34, sub-section (2), shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to five years and shall also be liable to a fine of ten thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.",
"name": "Penalty for illegal or defective supply or for non-compliance with order",
"related_acts": "",
"section_id": 48
},
{
"act_id": 93,
"details": "3843. (1) Whoever, in contravention of the provisions of section 30, transmits or uses energy without giving the notice required thereby, shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to a fine of ten thousand taka. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of one thousand taka.",
"name": "Penalty for illegal transmission or use of energy",
"related_acts": "",
"section_id": 49
},
{
"act_id": 93,
"details": "3944. (1) Whoever- (a)\tconnects any meter, maximum demand indicator or other measuring apparatus referred to in section 26, with any electric supply-line through which energy is supplied by a licensee, or disconnects the same from any such electric supply-line, without the licensee's consent in writing; or (b)\tlays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee, without such licensee's consent in writing; or (c)\tuses the energy supplied to him by a licensee under one method of charging in a manner for which a higher method of charging is in force without the licensee's consent in writing, or adopts any appliance or increase load beyond sanction load, or use energy supplied to him by a licensee in a manner prejudicial to the safety or efficient working of the licensee's electric supply-line or works, or deals with it in a manner so as to interfere with the efficient supply of energy by the licensee to any other person, shall be punishable with imprisonment of either description for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine which may extend to thirty thousand taka. (2) If in case of sub-section (1) it is proved that any artificial means exist or have existed for making such connection as is referred to in clause (a), or such communication as is referred to in clause (b), or for facilitating such improper use of energy as is referred to in clause (c), and that the meter, maximum demand indicator or other measuring apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, communication or improper use, as the case may be, has been knowingly and willfully caused by such consumer. (3) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall, for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine which may extend to three thousand taka.",
"name": "Penalty for interference with meters or licensee’s works and for improper use of energy",
"related_acts": "",
"section_id": 50
},
{
"act_id": 93,
"details": "4044A. Whoever, including an officer or employee of the licensee, abets the commission of any offence under sections 39, 39A, 40, 40A, 40B, 41, 42, 43 and 44 of this act shall be punishable with the same penalties as have been provided in the said sections for the offences specified therein. Explanation.-A person abets the commission of any offence, if he- (a)\tinstigates any person to commit the offence; (b)\tengages with one or more other persons in conspiracy for committing the offence; (c)\tintentionally aids the commission of the offence; or (d)\tfacilitates in any way the commission of the offence.",
"name": "Penalty for abettors in certain offences",
"related_acts": "",
"section_id": 51
},
{
"act_id": 93,
"details": "45. Whoever maliciously extinguishes any public lamp shall be punishable with imprisonment 41of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which may extend to ten thousand taka.",
"name": "Penalty for extinguishing public lamps",
"related_acts": "",
"section_id": 52
},
{
"act_id": 93,
"details": "46. Whoever negligently causes energy to be wasted or diverted, or negligently breaks, throws down or damages any electric supply-line, post, pole or lamp or other apparatus connected with the supply of energy, 42or negligently throws, puts any articles on the electric supply-line or equipment to interrupt supply of energy shall be punishable with 43imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a fine of ten thousand taka.",
"name": "Penalty for negligently wasting energy or injuring works",
"related_acts": "",
"section_id": 53
},
{
"act_id": 93,
"details": "4447. (1) Whoever, in any case not already provided for by sections 39 to 46 (both inclusive), makes default in complying with any of the provisions of this Act, or with any order issued under it, or in the case of a licensee, with any of the conditions of his license, shall be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a fine of five thousand taka: Provided that, where a person has made default in complying with any of the provisions of sections 13, 14, 15, 17 and 32, as the case may be, he shall not be so punishable if the court is of opinion that the case was one of emergency and that the offender complied with the said provisions as far as was reasonable under the circumstances. (2) A person who after being convicted under sub-section (1), is convicted for the second or subsequent times, he shall for every such second or subsequent conviction, be punishable with imprisonment of either description for a term which shall not be less than three years but which may extend to five years and shall also be liable to a daily fine of five hundred taka.",
"name": "Penalty for offences not otherwise provided for",
"related_acts": "",
"section_id": 54
},
{
"act_id": 93,
"details": "48. The penalties imposed by sections 39 to 47 (both inclusive) shall be in addition to, and not in derogation of, any liability in respect of the payment of compensation or, in the case of a licensee, the revocation of his license, or the payment of penalty in lieu thereof, which the offender may have incurred.",
"name": "Penalties not to affect other liabilities",
"related_acts": "",
"section_id": 55
},
{
"act_id": 93,
"details": "49. The provisions of sections 39, 40, 44, 45 and 46 shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of energy supplied by, or of works belonging to, the Government.",
"name": "Penalties where works belong to Government",
"related_acts": "",
"section_id": 56
},
{
"act_id": 93,
"details": "4549A. (1) if the person committing an offence under this Act is a company, every person who at the time the offence has been committed was incharge of, or was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under the Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall 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 firm, means a partner in the firm.",
"name": "Offences by companies",
"related_acts": "",
"section_id": 57
},
{
"act_id": 93,
"details": "4650A. 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 Magistrate shall be competent to pass any sentence and impose any fine authorized by this Act.",
"name": "Power of Magistrate to pass sentence, impose fine",
"related_acts": "75",
"section_id": 58
},
{
"act_id": 93,
"details": "4750. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) offences under sections 39, 39A, 40, 40A, 40B, 41, 42, 43, 44, 44A, 45, 46 and 47 of this Act shall be cognizable. (2) No court shall take cognizance of any offence against an employee of the licensee for abetting the commission of any offence under this Act unless a report to that effect is filed by an officer not below the rank of an Assistant Engineer of the concerned licensee for the offence committed. Explanation.A person is said to abets the commission of any offence, if he (a)\tinstigates any person to commit the offence; (b)\tengages with one or more other persons in conspiracy for committing the offence; (c)\tIntentionally aids the commission of the offence; or (d)\tfacilitates in any way the commission of the offence. (3) any officer not below the rank of an Assistant Engineer of the concerned licensees shall be competent of file cases for any offence under this Act or any rule, license of order made thereunder in the court taking cognizance of the offence.",
"name": "Institution of prosecutions",
"related_acts": "75",
"section_id": 59
},
{
"act_id": 93,
"details": "51. Notwithstanding anything in sections 12 to 16 (both inclusive) and sections 18 and 19, the Government may, by order in writing, for the placing of appliances and apparatus for the transmission of energy, confer upon any public officer or licensee, subject to such conditions and restrictions (if any) as the Government may think fit to impose, and to the provisions of the Telegraph Act, 1885, any of the powers which the telegraph-authority possesses under that Act, with respect to the placing of telegraph-lines and posts for the purposes of a telegraph established or maintained by the Government or to be so established or maintained.",
"name": "Exercise in certain cases of powers of telegraph-authority",
"related_acts": "55",
"section_id": 60
},
{
"act_id": 93,
"details": "52. Where any matter is, by or under this Act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the license of a licensee, be determined by such person or persons as the Government may nominate in that behalf on the application of either party; but in all other respects the arbitration shall be subject to the provisions of the Arbitration Act 1940.",
"name": "Arbitration",
"related_acts": "",
"section_id": 61
},
{
"act_id": 93,
"details": "52A. Notwithstanding anything contained in any other law for the time being in force, every order passed revoking a licence under section 4 or taking possession of any undertaking under section 5 or cancelling a sanction under section 28 shall, subject to the Provisions of arbitration provided in this Act, be final and shall not be called in question in any Court.",
"name": "Bar to jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 62
},
{
"act_id": 93,
"details": "53. (1) Every notice, order or document by or under this Act required or authorised to be addressed to any person may be served by post or left,- (a)\twhere the Government is the addressee, at the office of such officer as the Government, 48* * * may designate in this behalf; (b)\twhere a local authority is the addressee, at the office of the local authority; (c)\twhere a company is the addressee, at the registered office of the Company or, in the event of the registered office of the Company or, in the event of the registered office of the Company not being in Bangladesh at the head office of the Company in Bangladesh; (d)\twhere any other person is the addressee, at the usual or last known place of adobe or business of the person. (2) Every notice, order or document by or under this Act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the premises (naming the premises), and may be served by delivering it, or a true copy thereof, to some person on the premises, or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.",
"name": "Service of notices, orders or documents",
"related_acts": "",
"section_id": 63
},
{
"act_id": 93,
"details": "54. Any penalty imposed under section 4, sub-section (2), every sum declared to be recoverable by section 5, clause (f), section 6, sub-section (2), section 14, sub-section (2), clause (h), section 16, sub-section (2), section 18, sub-section (2) or sub-section (4), or section 26, sub-section(4), and every fee leviable under this Act, may be recovered, on application to a Magistrate having jurisdiction where the person liable to pay the same is for the time being resident, by the distress and sale of any moveable property belonging to such person.",
"name": "Recovery of sums recoverable under certain provisions of Act",
"related_acts": "",
"section_id": 64
},
{
"act_id": 93,
"details": "4954B. Where a licensee or any person duly authorised by him in this behalf, requires any police assistance for carrying out the purposes of this Act, he may make an application to the officer-in-charge of the Police Station of the concerned Thana: Provided that a copy of the requisition letter will be sent to the Superintendent of Police of the concerned District, Metropolitan Police Commissioner in a Metropolitan Area, the Deputy Commissioner of the District or the Upazilla Nirbahi Officer of the Upazilla concerned as the case may be, who will ensure to render the police assistance required.",
"name": "Requisition of police assistance",
"related_acts": "",
"section_id": 65
},
{
"act_id": 93,
"details": "5054A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any instrument or agreement, the charges for supply of energy or any other sum outstanding against a consumer under this Act shall be recoverable as an arrear of land revenue. (2) A licensee, or any person duly authorised by the licensee, may apply with a certificate showing the amount outstanding against a consumer to the Collector of the district concerned for the recovery of the said amount, and the Collector shall, thereupon proceed to recover the same from such consumer, or his sureties, or from all of them, as an arrear of land revenue.",
"name": "Charges for supply of energy recoverable as arrears of land revenues",
"related_acts": "",
"section_id": 66
},
{
"act_id": 93,
"details": "54C. (1) Where a licensee gives a notice referred to in sub-section (1) of section 24 or discontinues supply of energy to premises under the provisions of this Act, no court shall make an order prohibiting the licensee from discontinuing supply of energy to the premise, or requiring him to restore supply of energy to such premises: Provided that nothing contained herein shall apply to a case in which the plaintiff, applicant or appellant within a period of thirty days of the aforesaid date or at the time of filing the suit, application or appeal, as the case may be, deposit with the court the amount assessed against him by the licensee and all further charges of the licensee as and when they become due; and in the event of his failing to do so, any order prohibiting the licensee from discontinuing the supply of energy to the premises, or requiring him to restore the supply of energy to the premises, if already made, shall cease to have effect. (2) Where an amount has been deposited under sub-section (1), the court shall direct it to be deposited in a scheduled bank in the name of the licensee on an undertaking being furnished by the licensee to the effect that in case the suit, application or appeal is decided against him, he shall repay the said amount to the plaintiff, applicant or appellant, as the case may be, with such reasonable return as the court may determine.",
"name": "Bar of Jurisdiction",
"related_acts": "",
"section_id": 67
},
{
"act_id": 93,
"details": "55. The Government may, by general or special order, authorise the discharge of any of its functions under section 13 or section 18 or section 34, sub-section (2), or clause V, sub-clause (2), or clause XIII of the Schedule by an Electric Inspector.",
"name": "Delegation of certain functions of Government to Electric Inspectors",
"related_acts": "",
"section_id": 68
},
{
"act_id": 93,
"details": "56. No suit, prosecution or other proceeding shall lie against any public officer, or any servant of a local authority, for anything done, or in good faith purporting to be done, under this Act.",
"name": "Protection for acts done in good faith",
"related_acts": "",
"section_id": 69
},
{
"act_id": 93,
"details": "57. Omitted by section 17 of the Electricity (Amendment) Act, 1993 (Act No. XXVIII of 1993).",
"name": "Omitted",
"related_acts": "",
"section_id": 70
},
{
"act_id": 93,
"details": "58. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 71
}
],
"text": "1♣An Act to amend the law relating to the supply and use of electrical energy. WHEREAS it is expedient to amend the law relating to the supply and use of electrical energy; It is hereby enacted as follows:-"
} |
{
"id": 94,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, \"the High Court Division\" and “Taka” were substituted, for the words “Pakistan”, “Central Government” or “Central Government or Provincial Government”, \"a High Court\" or \"the High Court\" and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (1) was substituted, for former clause (1) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Clause (3) was omitted by section 3 of the Patents and Designs (Amendment) Act, 2003 (Act No. XV of 2003).",
"4 The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 Clause (15) was added by section 3 of the Patents and Designs (Amendment) Act, 2003 (Act No. XV of 2003)",
"6 Sections 4A and 4B were inserted by section 4 of the Indian Patents and Designs (Amendment) Act, 1945 (Act No. IX of 1945)",
"7 Clause (dd) was inserted by section 5 of the Indian Patents and Designs (Amendment) Act, 1945 (Act No. IX of 1945).",
"8 The words \"any other law for the time being in force\" were substituted, for the words and figure \"rule 53 of the Defence of Pakistan Rules\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Section 13A was inserted by section 10 of the Indian Patents and Designs (Amendment) Act, 1945 (Act No. IX of 1945)",
"10 Section 15A was inserted by section 11 of the Indian Patents and Design (Amendment) Act, 1930 (Act No. VII of 1930)",
"11 Sections 21 and 21A were substituted, for the original section 21 by section 15 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930)",
"12 Section 23A was inserted by section 18 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930)",
"13 The words “or British Possession” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"14 The words “Attorney General” were substituted, for the words “Advocate General” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"15 The words “Attorney-General” were substituted, for the words “Advocate General” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"16 The words “or any other High Court” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"17 Sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"18 Section 35A was inserted by section 21 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930)",
"19 Section 38A was inserted by section 12 of the Indian Patents and Designs (Amendment) Act, 1945 (Act No. IX of 1945)",
"20 Sections 51A and 51B were inserted by section 24 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930)",
"21 Section 55 was substituted, for section 55 by section 4 of the Patents and Designs (Amendment) Act, 2003 (Act No. XV of 2003)",
"22 Section 59A was inserted by section 14 of the Indian Patents and Designs (Amendment) Act, 1939 (Act No. XII of 1939)",
"23 Section 70A was inserted by section 16 of the Indian Patents and Designs (Amendment) Act, 1939 (Act No. XII of 1939)",
"24 Section 71A was inserted by section 16 of the Indian Patents and Designs (Amendment) Act, 1939 (Act No. XII of 1939)",
"25 Section 74A was inserted by section 30 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930)",
"26 Clauses (ee) and (eee) were inserted by section 31 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930).",
"27 Sub-section (2A) was inserted by section 31 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930).",
"28 The words \"or of any Acceding State or non-Acceding State\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"29 The words and comma \"or in that State, as the case may be\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Patents And Designs Act, 1911",
"num_of_sections": 96,
"published_date": "1st March, 1911",
"related_act": [
430,
86,
184,
120,
121,
122,
94
],
"repelled": true,
"sections": [
{
"act_id": 94,
"details": "1. (1) This Act may be called the Patents And Designs Act, 1911. (2) It extends to the whole of Bangladesh. (3) It shall come into force on the first day of January, 1912.",
"name": "Short title, extent and commencement",
"related_acts": "94",
"section_id": 1
},
{
"act_id": 94,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 2(1) \t“Attorney-General” means the Attorney General for Bangladesh: (2) \t“article” means (as respects designs) any article of manufacture and any substance, artificial or natural or partly artificial and partly natural: 3* * * (4) \t“copyright” means the exclusive right to apply a design to any article in any class in which the design is registered: (5)\t“design” means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in section 478, or property mark as defined in section 479 of the 4Penal Code: (6) \t“District Court” has the meaning assigned to that expression by the Code of Civil Procedure, 1908: (7)\tOmitted by the Central Laws (Statute Reforms Ordinance, 1960) (Ordinance No. XXI of 1960). (8)\t“invention” means any manner of new manufacture and includes an improvement and an alleged invention: (9)\t“legal representative” means a person who in law represents the estate of a deceased person: (10)\t“manufacture” includes any art, process or manner or producing, preparing or making an article, and also any article prepared or produced by manufacture: (11)\t“patent” means a patent granted under the provisions of this Act: (12)\t“patentee” means the person for the time being entered on the register of patents kept under this Act as the grantee or proprietor of the patent: (13)\t“prescribed” includes prescribed by rules under this Act: (14)\t“proprietor of a new or original design,”- (a)\twhere the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; and (b)\twhere any person acquires the design or the right to apply the design to any article, either selersively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so required; and (c)\tin any other case, means the author of the design; and 5(15) \t“Registrar” means the Registrar of Patents, Designs and Trade Marks appointed under section 55 (1) of this Act: and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.",
"name": "Definitions",
"related_acts": "86",
"section_id": 2
},
{
"act_id": 94,
"details": "3. (1) An application for a patent may be made by any person whether he is a citizen of Bangladesh or not, and whether alone or jointly with any other person. (2) The application must be made in the prescribed form, and must be left at the Department of Patents, Designs and Trade Marks in the prescribed manner. (3) The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by either a provisional or complete specification and by the prescribed fee. (4) Where the true and first inventor is not a party to the application, the application must contain a statement of his name, and such particulars for his identification as may be prescribed, and the applicant must show that he is the legal representative or assign of such inventor.",
"name": "Application",
"related_acts": "",
"section_id": 3
},
{
"act_id": 94,
"details": "4B. (1) An invention may, during the period between the date of an application for a patent therefor and the date of sealing a patent on that application, be used and published without prejudice to that patent, and such protection from the consequences of use and publication is in this Act referred to as provisional protection. (2) In this section, the expression “date of an application for a patent” means, as respects an application which is post-dated or ante-dated under this Act, the date to which the application is so post-dated or ante-dated, and means, as respects any other application, the date on which it is actually made.",
"name": "Provisional protection",
"related_acts": "",
"section_id": 4
},
{
"act_id": 94,
"details": "4. (1) A provisional specification must describe the nature of the invention. (2) A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. (3) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement, of the invention claimed. (4) Where the Registrar deems it desirable, he may require that suitable drawings shall be supplied at any time before the acceptance of the application, and such drawings shall be deemed to form part of the complete specification. (5) If in any particular case the Registrar considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the acceptance of the application, but such model or sample shall not be deemed to form part of the specification. (6) The Registrar may, where the application was accompanied by a specification purporting to be a complete specification, if the applicant so requests, treat the specification as a provisional specification and proceed with the application accordingly.",
"name": "Specifications",
"related_acts": "",
"section_id": 5
},
{
"act_id": 94,
"details": "64A. (1) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of the application: Provided that the said nine months shall be extended to such period, not exceeding ten months from the date of the application, as may be specified in a request made by the applicant to the Registrar, if the request is made and the prescribed fee is paid within the period so specified. (2) If the complete specification is not left within the period allowable under sub-section (1), the application shall be deemed to be abandoned at the expiration of ten months from the date thereof.",
"name": "Time for leaving complete specification",
"related_acts": "",
"section_id": 6
},
{
"act_id": 94,
"details": "5. (1) The Registrar shall refer to an examiner every application in respect of which a complete specification has been filed and if satisfied on the report of the examiner that- (a)\tthe nature of the invention or the manner in which it is to be performed is not particularly described and ascertained in the complete specification, or (b)\tthe application, specification and drawings have not been prepared in the prescribed manner, or (c)\tthe title of the specification does not sufficiently indicate the subject-matter of the invention, or (d)\tthe statement of claim does not sufficiently define the invention, or 7(dd)\twhere a complete specification has been left after a provisional specification, the invention particularly described in the complete specification is not substantially the same as that which is described in the provisional specification, or (e)\tthe invention as described and claimed is prima facie not a manner of new manufacture or improvement, or (f)\tthe specification relates to more than one invention, or (g)\tin the case of an application claiming priority under section 78A, the specification describes and claims an invention substantially larger than or substantially different from the invention disclosed in the specification field with the application made outside Bangladesh by virtue of which priority is claimed, or (h)\tin the case of an application for a patent of addition under section 15A, the invention describe and claimed in the specification is not an improvement or modification of that described and claimed in the original specification, he may refuse to accept the application or require that the application, specification or drawings be amended before he proceeds with the application; and in the later case the application shall, if the Registrar so directs, bear date as from the time when the requirement is complied with: Provided that, when a specification comprises more than one invention, the application shall, if the Registrar or the applicant so requires, be restricted to one invention and the other inventions may he made the subject-matter of fresh applications; and any such fresh application shall be proceeded with as a substantive application, but the Registrar may, in his discretion, direct that any such fresh application made before the acceptance of the original application shall bear the date of the original application or such later date as he may fix, and the fresh application shall be deemed, for the purposes of this Act, to have been made on the date which it bears in accordance with such direction: Provided further that where a complete specification is left after a provisional specification, the Registrar may, if the applicant so requests, cancel the provisional specification and direct that the application shall be deemed to have been made on the date on which the complete specification was left, and proceed with the application accordingly. (1A) If the Registrar considers, at any time before the acceptance of an application, that the invention claimed therein has been wholly or in part claimed in a specification published on or after the date which the patent applied for would bear if granted, appertaining to an application for a patent which if granted will be of prior date to the patent applied for, he may require that the applicant's specification be amended by the insertion of a reference to such other specification, by way of notice to the public. (2) Where the Registrar refuses to accept an application or requires an amendment or the insertion of a reference, the applicant may appeal from his decision to the Government. (3) The investigations required by this section shall not be held in any way to guarantee the validity of any patent, and no liability shall be incurred by the Government or any officer by reason of, or in connection with, any such investigation, or any proceeding consequent thereon. (4) Unless an application is accepted within eighteen months from the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: Provided that where, before, or within three months after, the expiration of the said period of eighteen months, a request is made to the Registrar for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period so requested not exceeding in all three months from the expiration of the said period of eighteen months.",
"name": "Proceedings upon application",
"related_acts": "",
"section_id": 7
},
{
"act_id": 94,
"details": "6. On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to public inspection.",
"name": "Advertisement on acceptance of application",
"related_acts": "",
"section_id": 8
},
{
"act_id": 94,
"details": "7. After the acceptance of an application and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the application: Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed.",
"name": "Effect of acceptance of application",
"related_acts": "",
"section_id": 9
},
{
"act_id": 94,
"details": "8. Repealed by section 4 of the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930).",
"name": "Repealed",
"related_acts": "",
"section_id": 10
},
{
"act_id": 94,
"details": "9. (1) Any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Department of Patents, Designs and Trade Marks of opposition to the grant of the patent on any of the following grounds, namely:- (a)\tthat the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or (b)\tthat the invention has been claimed in any specification filed in Bangladesh which is or will be of prior date to the patent, the grant of which is opposed; or (c)\tthat the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or (d)\tthat the invention has been publicly used in any part of Bangladesh or has been made publicly known in any part of Bangladesh; or (e)\tthat the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either froms the subject of an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in any document published in Bangladesh in that interval; but on no other ground. (2) Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case. (3) The decision of the Registrar shall be subject to appeal to the Government.",
"name": "Opposition to grant of patent",
"related_acts": "",
"section_id": 11
},
{
"act_id": 94,
"details": "10. (1) If there is no opposition, or, in case of opposition, if the determination is in favour of the grant of a patent, a patent shall, on payment of the prescribed fee, be granted, subject to such conditions (if any) as the Government thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Registrar shall cause the patent to be sealed with the seal of the Department of Patents, Designs and Trade Marks. (1A) Notwithstanding anything contained in sub-section (1), where- (a)\tan applicant has agreed in writing that on the grant to him of a patent he will assign it to another party or to a joint applicant and refuses to proceed with the application, or (b)\tdisputes arise between joint applicants as to proceeding with an application, the Registrar, if he is satisfied of the existence of such agreement or, in any other case, that any joint applicant or applicants ought to be allowed to proceed alone, may direct that such other party or joint applicant or applicants may proceed with the application accordingly and may grant a patent to him or them, as the case may be: Provided that- (i) \tthe Controller shall not give any such direction until every party interested has had an opportunity of being heard by him, and (ii) \tan appeal from any such direction shall lie to the Government. (2) A patent shall be sealed as soon as may be, and not after the expiration of twenty-four months from the date of application: Provided that,- (a)\twhere the Registrar has allowed an extension of the time within which an application may be accepted a further extension of four months after the said, twenty-four months shall be allowed for the sealing of the patent; (b)\twhere the sealing is delayed by an appeal to the Government, or by opposition to the grant of the patent, or by any proceedings taken for obtaining a direction of the Registrar under the provisions of sub-section (1A), or by reason of the Registrar, in exercise of the powers given to him by 8any other law for the time being in force, having omitted to do or delayed the doing of anything relating to the application the patent may be sealed at such time as the Registrar may direct; (c)\twhere the patent is granted to the legal representative of an applicant who has died before the expiration of the time which would otherwise be allowed for sealing the patent, the patent may be sealed at any time within twelve months after the date of his death or at such later time as the Registrar may think fit; (d)\twhere for any reason a patent cannot be sealed within the period allowed by any of the foregoing provisions of this section that period may on payment of the prescribed fee and on compliance with the prescribed conditions be extended to the extent applied for but not exceeding three months.",
"name": "Grant and sealing of patent",
"related_acts": "",
"section_id": 12
},
{
"act_id": 94,
"details": "11. Except as otherwise expressly provided by this Act, a patent shall be dated and sealed as of the date of the application: Provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application.",
"name": "Date of patent",
"related_acts": "",
"section_id": 13
},
{
"act_id": 94,
"details": "12. (1) A patent sealed with the seal of the Department of Patents, Designs and Trade Marks shall, subject to the other provisions of this Act, confer on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others so to do. (2) Every patent may be in the prescribed form and shall be granted for one invention only, but the specification may contain more than one claim; and it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention.",
"name": "Effect, extent and form of patent",
"related_acts": "",
"section_id": 14
},
{
"act_id": 94,
"details": "13. (1) A patent granted to the true and first inventor or his legal representative or assign shall not be invalidated by an application in fraud of him, or by protection obtained thereon or by any use or publication of the invention subsequent to that fraudulent application during the period of protection. (2) Where a patent has been revoked by the High Court Division on the ground that it has been obtained in fraud of the true and first inventor, or where the grant of a patent has been refused by the Registrar under section 9 on the ground stated in clause (a) of sub-section (1) of that section, the Registrar may, on the application of the true inventor or his legal representative or assign made in accordance with the provisions of this Act, grant to him a patent for the whole or any part of the invention, and the patent so granted shall bear the same date as the patent so revoked or, in the case of a patent the grant of which has been refused, the same date as would have been borne by the patent if it had been granted: Provided that no suit shall be brought for any infringement of the patent so granted committed before the actual date when such patent was granted.",
"name": "Fraudulent applications for patents",
"related_acts": "",
"section_id": 15
},
{
"act_id": 94,
"details": "913A. (1) Where the same applicant has put in two or more provisional specifications for inventions which are cognate or modifications one of the other, and has obtained thereby concurrent provisional protection for the same, and the Registrar is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification in respect of the whole of such applications and grant a single patent thereon. (2) Such patent shall bear the date of the earliest of such applications, but in considering the validity of the same, and in determining other questions under this Act, the Court or the Registrar, as the case may be, shall have regard to the respective dates of the provisional specifications relating to the several matters claimed in the complete specification.",
"name": "Single patent for cognate inventions",
"related_acts": "",
"section_id": 16
},
{
"act_id": 94,
"details": "14. (1) The term limited in every patent for the duration thereof shall, save as otherwise expressly provided by this Act, be sixteen years from its date. (1A) and (1B) Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). (2) A patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to pay the prescribed fees within the prescribed times: Provided that where the patentee, before, or within three months after, the expiration of the time for payment, applies to the Registrar for an extension of time, the patent shall, on\tpayment of such additional fee as may be prescribed, be continued or revived, as the case may be, for any period so applied for not exceeding in all three months from the expiration of the time for payment. (3) If any proceeding is taken in respect of an infringement of the patent committed after a failure to pay any fee within the prescribed time, and before any enlargement thereof, the Court before which the proceeding is taken may, if it thinks fit, refuse to award any damages in respect of such infringement.",
"name": "Term of patent",
"related_acts": "430",
"section_id": 17
},
{
"act_id": 94,
"details": "15. (1) A patentee may, present a petition to the Government praying that his patent may be extended for a further term; but such petition must be left at the Department of Patents, Designs and Trade Marks at least six months before the time limited for the expiration of the patent and must be accompanied by the prescribed fee and must be advertised by the patentee within the prescribed time and in the prescribed manner. (2) Any person may within such time as may be prescribed and on payment of the prescribed fee give notice to the Registrar of objection to the extension. (3) Where a petition is presented under sub-section (1), the Government may, as it thinks fit, dispose of the petition itself or refer it to the High Court Division for decision. (4) If the petition be referred to the High Court Division, then on the hearing of such petition under this section, the patentee, and any person who has given notice under sub-section (2) of objection, shall be made parties to the proceeding, and the Registrar shall be entitled to appear and be heard. (5) The Government or the High Court Division to which a petition is referred shall in considering the petition have regard to the nature and merits of the invention in relation to the public, to the profits made on the Patent and to all the circumstances of the case. (6) If it appears to the Government or to the High Court Division when the petition is referred to it that the patent has not been sufficiently remunerative, the Government or the High Court Division as the case may be, may by order extend the term of the patent for a further term not exceeding five or in exceptional cases ten years or may order the grant of a new patent for such term not exceeding ten years as may be specified in the order and subject to any restriction, conditions and provisions which the Government or the High Court Division, as the case may be, may think fit.",
"name": "Extension of term of patent",
"related_acts": "",
"section_id": 18
},
{
"act_id": 94,
"details": "1015A. (1) Where a patent for an invention has been applied for or granted, and the applicant or the patentee, as the case may be, applies for a further patent in respect of any improvement in or modification of the invention, he may in his application for the further patent request that the term limited in that patent for the duration thereof be the same as that of the original patent or so much of that term as is unexpired, and, if he does so, a patent (hereinafter referred to as a patent of addition) may be granted for such term as aforesaid. (2) Save as otherwise expressly provided by this Act, a patent of addition shall remain in force as long as the patent for the original invention remains in force, but no longer, and in respect of a patent of addition no fees shall be payable for renewal: Provided that if the patent for the original invention is revoked, then the patent of addition shall, if the authority by which it is revoked so orders, become an independent patent, and the fees payable, and the dates when they become payable, shall be determined by its date, but its duration shall not exceed the unexpired term of the patent for the original invention. (3) The grant of a patent of addition shall be conclusive evidence that the invention is a proper subject for a patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have been the subject of and independent patent.",
"name": "Patents of addition",
"related_acts": "",
"section_id": 19
},
{
"act_id": 94,
"details": "16. (1) Where any patent has ceased owing to the failure of the patentee to pay any prescribed fee within the prescribed time, the patentee may apply to the Registrar in the prescribed manner for an order for the restoration of the patent. (2) Every such application shall contain a statement of the circumstances which have led to the omission of the payment of the prescribed fee. (3) If it appears from such statement that the omission was unintentional or unavoidable and that no undue delay has occurred in the making of the application, the Registrar shall advertise the application in the prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the Department of Patents, Designs and Trade Marks. (4) Where such notice is given the Registrar shall notify the applicant thereof. (5) After the expiration of the prescribed period the Registrar shall hear the case and, subject to an appeal to the Government issue an order either restoring the patent subject to any conditions and restrictions deemed to be advisable or dismissing the application: Provided that in every order under this section restoring a patent such provisions as may be prescribed shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased.",
"name": "Restoration of lapsed patent",
"related_acts": "",
"section_id": 20
},
{
"act_id": 94,
"details": "17. (1) An applicant or a patentee may at any time, by request in writing left at the Department of Patents, Designs and Trade Marks and accompanied by the prescribed fee, seek leave to amend his application or specification, including drawings forming part thereof, by way of disclaimer, correction or explanation, stating the nature of, and the reasons for, the proposed amendment. (2) If the application for a patent has not been accepted, the Registrar shall determine whether and subject to what conditions (if any) the amendment shall be allowed. (3) In any other case the request and the nature of the proposed amendment shall be advertised in the prescribed manner, and at any time within three months from its first advertisement any person may give notice at the Department of Patents, Designs and Trade Marks of opposition to the amendment. (4) Where such a notice is given the Registrar shall give notice of the opposition to the person making the request, and shall hear and decide the case. (5) Where no notice of opposition is given, or the person so giving notice of opposition does not appear, the Registrar shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. (6) The decision of the Registrar in either case shall be subject to an appeal to the Government. (7) No amendment shall be allowed that would make the application or specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by the application or specification as it stood before amendment. (8) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shall be advertised in the prescribed manner, and shall in all Courts and for all purposes be deemed to form part of the application or specification. (9) This section shall not apply when and so long as any suit for infringement or proceeding before a Court for the revocation of the patent is pending.",
"name": "Amendment of application or specification by Registrar",
"related_acts": "",
"section_id": 21
},
{
"act_id": 94,
"details": "18. In any suit for infringement of a patent or proceeding before a Court for the revocation of a patent the Court may by order allow the patentee to amend his specification by way of disclaimer correction or explanation in such manner, and subject to such terms as to costs, advertisement or otherwise, as the Court may think fit: Provided that no amendment shall be so allowed that would make the specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by the specification as it stood before the amendment, and where an application for such an order is made to the Court notice of the application shall be given to the Registrar, and the Registrar shall have the right to appear and be heard.",
"name": "Amendment of specification by the Court",
"related_acts": "",
"section_id": 22
},
{
"act_id": 94,
"details": "19. Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act, no damages shall be given in any suit in respect of the use of the invention before the date of the decision allowing the amendment unless the patentee establishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge.",
"name": "Restriction on recovery of damages",
"related_acts": "",
"section_id": 23
},
{
"act_id": 94,
"details": "20. (1) There shall be kept at the Department of Patents, Designs and Trade Marks a book called the Register of Patents, wherein shall be entered the names and addresses of grantees of Patents, notifications of assignments and of transmissions of patents, of licenses under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may be prescribed. (2) The register of inventions and address book existing at the commencement of this Act shall be incorporated with, and form part of, the register of patents under this Act. (3) The register of patents shall be prima facie evidence of any matters by this Act directed or authorised to be inserted therein. (4) Copies of deeds, licenses and any other documents affecting the proprietorship in any patent or in any license thereunder, must be supplied to the Registrar in the prescribed manner for filing in the Department of Patents, Designs and Trade Marks.",
"name": "Register of Patents",
"related_acts": "",
"section_id": 24
},
{
"act_id": 94,
"details": "1121. (1) Subject to the other provisions of this section, a patent shall have to all intents the like effect as against the Government as it has against any person. (2) The officers or authorities administering any department of Government may, by themselves or by such of their agents, contractors or others as may be authorised in writing by them, at any time after the application , and after giving notice to the applicant or patentee, make, use or exercise the invention for the service of the Government on such terms\tas may, either before or after the use thereof, be agreed on, with the approval of the Government between such officers or authorities and the applicant or patentee, or, in default of agreement, as may be settled in the manner hereinafter provided. And the terms of any agreement or license concluded between the applicant or patentee and any person other than such officers or authorities, shall be inoperative so far as concerns the making, use or exercise of the invention for the service of the Government. (3) Where an invention which is the subject of any patent has, before the date of the patent, been duly recorded in a document by, or tried by or on behalf of, the officers or authorities administering any department of Government (such invention not having been communicated directly or indirectly by the applicant or patentee), such officers or authorities, or such of their agents, contractors, or others, as may be authorised in writing by them, may, after giving notice to the applicant or patentee, make, use or exercise the invention so recorded or tried for the service of the Government, free of any royalty or other payment to the applicant or patentee, notwithstanding the existence of the patent. If, in the opinion of such officers or authorities, the disclosure to the applicant or patentee, as the case may be, of the document recording the invention, or the evidence of the trial thereof, if required, would be detrimental to the public interest, it may be made confidentially to counsel on behalf of the applicant or patentee, or to any independent expert mutually agreed upon. (4) In the event of any dispute as to the making, use or exercise of an invention under this section, or the terms therefor, or as to the existence or scope of any record or trial as aforesaid, the matter shall be referred to the High Court Division for decision, who shall have power to refer the whole matter or any question or issue of fact arising thereon to be tried before a special or official referee or an arbitrator upon such terms as it may direct. The Court, referee or arbitrator, as the case may be, may, with the consent of the parties, take into consideration the validity of the patent for the purposes only of the reference and for the determination of the issues between the applicant or patentee and such officers or authorities. The Court, referee, or arbitrator, further, in settling the terms as aforesaid, shall be entitled to take into consideration any benefit or compensation which the applicant or patentee, or any other person interested in the patent, may have received directly or indirectly from the Government or from such officers or authorities in respect of such patent: Provided that, if the inventor or patentee is a Government servant and the subject-matter of the invention is certified by the Government to be connected with work done in the course of such service, any such dispute shall be settled by the Government after hearing the applicant or patentee and any other person having an interest in the invention or patent. (5) The right to use an invention for the services of the Government under the provisions of this section, or any provisions for which this section is substituted, shall include, and shall be deemed always to have included, the power to sell any articles made in pursuance of such right which are no longer required for the services of the Government. (6) Nothing in this section shall affect the right of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force relating to customs or excise.",
"name": "Patent to bind Government",
"related_acts": "",
"section_id": 25
},
{
"act_id": 94,
"details": "21A. (1) The inventor of any improvement in instruments or munitions of war may (either for or without valuable consideration) assign to the Government all the benefit of the invention and of any patent obtained or to be obtained for the invention; and the Government may be a party to the assignment. (2) The assignment shall effectually vest the benefit of the invention and patent in the Government, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by or on behalf of the Government. (3) Where any such assignment has been made, the Government may, at any time before the publication of the specification, certify to the Registrar that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret. (4) If the Government so certify, the application and specifications, with the drawings (if any) and any amendment of the specification and any copies of such documents and drawings, shall instead of being left in the ordinary manner at the Department of Patents, Designs and Trade Marks, be delivered to the Registrar in a packet sealed by authority of the Government. (5) The packet shall, until the expiration of the term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save under the authority of an order of the Government. (6) The sealed packet shall be delivered at any time during the continuance of the patent to any person authorised by the Government to receive it, and shall, if returned to the Registrar, be again kept sealed by him. (7) On the expiration of the term of the patent the sealed packet shall be delivered to the Government. (8) Where the Government certifies as aforesaid after an application for a patent has been left at the Department of Patents, Designs and Trade Marks but before the publication of the specification, the application and specifications, with the drawings (if any) shall be forthwith placed in a packet sealed by authority of the Registrar, and the packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Government. (9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which a certificate has been given by the Government as aforesaid. (10) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but, save as otherwise provided in this section, the provisions of this Act shall apply in respect of any such invention and patent as aforesaid. (11) The Government may at any time waive the benefit of this section with respect to any particular invention, and the specifications, documents and drawings shall be thenceforth kept and dealt with in the ordinary way. (12) The communication of any invention for any improvement in instruments or munitions of war to the Government or to any person or persons authorised by the Government to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.",
"name": "Assignment of patent to the Government",
"related_acts": "",
"section_id": 26
},
{
"act_id": 94,
"details": "22. (1) Any person interested may present a petition to the Government which shall be left at the Department of Patents, Designs and Trade Marks, together with the prescribed fee, alleging that the demand for a patented article in Bangladesh is not being met to an adequate extent and on reasonable terms and praying for the grant of a compulsory license, or, in the alternative, for the revocation of the patent. (2) The Government shall consider the petition, and if the parties do not come to an arrangement between themselves the Government may, as it thinks fit either dispose of the petition itself or refer it to the High Court Division for decision. (3) The provisions of sub-section (4) of section 15, prescribing the procedure to be followed in the case of references to the Court under that section, shall apply in the case of references made to the Court under this section. (4) If the Government is of opinion, or, where a reference has been made under sub-section (2) to the High Court Division, that Court finds that the demand for the patented article in Bangladesh is not being met to an adequate extent and on reasonable terms, the patentee may be ordered to grant licenses on such terms as the Government or the High Court Division, as the case may be, may think just, or, if the Government or the High Court Division is of opinion that the demand will not be adequately met by the grant of licenses, the patent may be revoked by order of the Government or the High Court Division: Provided that an order of revocation shall not be made before the expiration of four years from the date of the patent, or if the patentee gives satisfactory reasons for his default. (5) For the purposes of this section the demand for a patented article shall not be deemed to have been met to an adequate extent and on reasonable terms- (a)\tif by reason of the default of the patentee to manufacture to an adequate extent and supply on reasonable terms the patented article, or any parts thereof which are necessary for its efficient working, or to carry on the patented process to an adequate extent or to grant licenses on reasonable terms, any existing trade or industry or the establishment of any new trade or industry in Bangladesh is unfairly prejudiced,; or (b)\tif any trade or industry in Bangladesh is unfairly prejudiced by the conditions attached by the patentee to the purchase, hire or use of the patented article or to the using or working of the patented process.",
"name": "Compulsory licenses and revocation",
"related_acts": "",
"section_id": 27
},
{
"act_id": 94,
"details": "1223A. An order of the High Court Division under section 22 or of the Government under section 22 or section 23, directing the grant of any license shall, without prejudice to any other method of enforcement, operate as if it were embodied in a deed granting a license and executed by the patentee and all other necessary parties.",
"name": "Operation of order under section 22 or section 23",
"related_acts": "",
"section_id": 28
},
{
"act_id": 94,
"details": "23. (1) At any time not less than four years after the date of a patent granted under this Act, any person may apply to the Government for relief under this section on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside Bangladesh. (2) The Government shall consider the application, and, if after inquiry it is satisfied- (a)\tthat the allegations contained therein are correct; and (b)\tthat the applicant is prepared, and is in a position, to \tmanufacture or carry on the patented article or \tprocess in Bangladesh; and (c)\tthat the patentee refuses to grant a license on \treasonable terms, then, subject to the provisions of this section, and unless the patentee proves that the patented article or process is manufactured or carried on to an adequate extent in Bangladesh, or gives satisfactory reasons why the article or process is not so manufactured or carried on, the Government may make an order- (a)\trevoking the patent either- (i)\tforthwith; or (ii)\tafter such reasonable interval as may be \tspecified in the order, unless in the \tmeantime it is shown to its satisfaction that \tthe patented article or process is \tmanufactured or carried on within \tBangladesh to an adequate extent; or (b)\tordering the patentee to grant a license to the \tapplicant which may be a license exclusive to him or \totherwise as the Government may direct. (3) No order revoking a patent shall be made under the last sub-section which is at variance with any treaty, convention, arrangement or engagement with any foreign country 13* * *. (4) The Government may, on the application of the patentee, extend the time limited in any order made under sub-section (2), clause (ii), for such period not exceeding two years as it may specify in a subsequent order, or revoke any order made under sub-section (2), clause (ii), or any subsequent order if sufficient cause is in its opinion shown by the patentee.",
"name": "Revocation of patents worked outside Bangladesh",
"related_acts": "",
"section_id": 29
},
{
"act_id": 94,
"details": "24. A patentee may at any time, by giving notice in the prescribed manner to the Registrar, offer to surrender his patent, and the Registrar may, if after giving notice of the offer and hearing all parties who desire to be heard he thinks fit, accept the offer, and thereupon make an order for the revocation of the patent.",
"name": "Power of Registrar to revoke surrendered patent",
"related_acts": "",
"section_id": 30
},
{
"act_id": 94,
"details": "25. A patent shall be deemed to be revoked if the Government declares, by notification in the official Gazette the patent or the mode in which it is exercised to be mischievous to the State or generally prejudicial to the public.",
"name": "Revocation of patent on public grounds",
"related_acts": "",
"section_id": 31
},
{
"act_id": 94,
"details": "26. (1) Revocation of a patent in whole or in part may be obtained on petition to or on a counter claim in a suit for infringement before the High Court Division on all or any of the following grounds, namely:- (a)\tthat the invention has been the subject of a valid prior grant of a patent in Bangladesh; (b)\tthat the true and first inventor or his legal representative or assign was not the applicant or one of the applicants for the patent; (c)\tthat the patent was obtained in fraud of the rights of the person applying for the revocation or of any person under or through whom he claims; (d)\tthat the invention was not, at the date of the patent, a manner of new manufacture or improvement; (e)\tthat the invention does not involve any inventive step, having regard to what was known or used prior to the date of the patent; (f)\tthat the invention is of no utility; (g)\tthat the complete specification does not sufficiently and fairly describe and ascertain the nature of the invention and the manner in which the invention is to be performed; (h)\tthat the complete specification does not sufficiently and clearly ascertain the scope of the invention claimed; (i)\tthat the patent was obtained on a false suggestion or representation; (j)\tthat the primary or intended use or exercise of the invention is contrary to law; (k)\tthat the patentee has contravened, or has not complied with, the conditions contained in the patent; (l)\tthat the complete specification does not disclose the best method of performance of the invention known to the applicant for the patent at the time when the specification was left at the Department of Patents, Designs and Trade Marks. (m)\tthat prior to the date of the patent, the patentee or other persons (not being authorities administering any department of Government, or the agents or contractors of, or any other persons authorised in that behalf by the Government secretly worked the invention on a commercial scale (and not merely by way of reasonable trial or experiment) in Bangladesh, and thereby made direct or indirect profits in excess of such amount as the Court may in consideration of all the circumstances of the case deem reasonable; (n)\tthat the invention claimed in the complete specification is not the same as that contained in the provisional specification, and that the invention claimed, so far as it is not contained in the provisional specification, was not new at the date when the complete specification was filed: Provided that this sub-section shall have effect in relation to the ground of revocation specified- (i)\tin clause (b), subject to the provisions of section 78A, or (ii)\tin clause (d), subject to the provisions of sub-section (1) of section 13, sub-section (12) of section 21A, section 38 and section 40. (2) A petition for revocation of a patent may be presented− (a)\tby the 14Attorney General or any person authorized \tby him; or (b)\tby any person alleging- (i)\tthat the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; or (ii)\tthat he, or any person under or through whom he claims, was the true and first inventor of any invention included in the claim of the patentee; or (iii)\tthat he, or any person under or through whom he claims an interest in any trade, business or manufacture, had publicly manufactured, used or sold, within Bangladesh, before the date of the patent, anything claimed by the patentee as his invention. (3) The High Court Division may, irrespective of any provisions of the Code of Civil Procedure, 1908, in this behalf, require any person, other than the 15Attorney General or any person authorised by him, applying for the revocation of a patent to give security for the payment of all costs incurred or likely to be incurred by any person appearing to oppose the petition.",
"name": "Petition for revocation of patent",
"related_acts": "86",
"section_id": 32
},
{
"act_id": 94,
"details": "27. (1) Notice of any petition for revocation of a patent under section 26 shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein, and it shall not be necessary to serve the notice on any other person. (2) The notice shall be deemed to be sufficiently served if a copy thereof is sent by post in a registered letter directed to the person and place for the time being stated in the register.",
"name": "Notice of proceedings to persons interested",
"related_acts": "",
"section_id": 33
},
{
"act_id": 94,
"details": "28. (1) The High Court Division may, if it thinks fit, direct an issue for the trial, before itself, 16* * * or any District Court, of any question arising upon a petition to itself under section 26, and the issue shall be tried accordingly. 17* * *. (3) If the issue is directed to a District Court, the finding of that Court shall not be subject to appeal, but the evidence taken upon the trial shall be recorded and a copy thereof, certified by the Judge of the Court, shall be transmitted, together with any remarks which he may think fit to make thereon, to the High Court Division directing the issue, and the High Court Division may thereupon act upon the finding of the District Court, or dispose of the petition upon the evidence recorded, or direct a new trial, as the justice of the case may require.",
"name": "Framing issue for trial before other Courts",
"related_acts": "",
"section_id": 34
},
{
"act_id": 94,
"details": "29. (1) A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who, during the continuance of a patent acquired by him under this Act in respect of an invention, makes, sells or uses the invention without his license, or counterfeits it, or imitates it: Provided that where a counter claim for revocation of the patent is made by the defendant, the suit, along with the counter claim, shall be transferred to the High Court Division for decision. (2) Every ground on which a patent may be revoked under section 26 shall be available by way of defence to a suit for infringement.",
"name": "Suits for infringement of patents",
"related_acts": "",
"section_id": 35
},
{
"act_id": 94,
"details": "30. A patentee shall not be entitled to recover any damages in respect of any infringement of a patent granted after the commencement of this Act from any defendant who proves that at the date of the infringement he was not aware, nor had reasonable means of making himself aware, of the existence of the patent, and the marking of an article with the word “patent,” “patented,” or any word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the article, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: Provided that nothing in this section shall affect any proceedings for an injunction.",
"name": "Exemption of innocent infringer from liability for damages",
"related_acts": "",
"section_id": 36
},
{
"act_id": 94,
"details": "31. In a suit for infringement of a patent, the Court may, on the application of either party, make such order for an injunction, inspection or account, and impose such terms and give such directions respecting the same and the proceedings thereon, as the Court may see fit.",
"name": "Order for inspection, etc., in suit",
"related_acts": "",
"section_id": 37
},
{
"act_id": 94,
"details": "32. In a suit for infringement of a patent the Court may certify that the validity of the patent came in question, and if the Court so certifies, then in any subsequent suit in that Court for infringement of the same patent the plaintiff, on obtaining a final order or judgment in his favour, shall, unless the Court trying the suit otherwise directs, have his full costs, charges and expenses of and incidental to the said suit properly incurred.",
"name": "Certificate of validity questioned and costs thereon",
"related_acts": "",
"section_id": 38
},
{
"act_id": 94,
"details": "33. A Court making a decree in a suit under section 29 or an order on a petition under section 26 shall send a copy of the decree or order, as the case may be, to the Registrar, who shall cause an entry thereof and reference thereto to be made in the register of patents.",
"name": "Transmission of decrees and orders to the Registrar",
"related_acts": "",
"section_id": 39
},
{
"act_id": 94,
"details": "34. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 40
},
{
"act_id": 94,
"details": "35. (1) In a suit or proceeding for infringement or revocation of a patent, the Court may, if it thinks fit, and shall on the request of all the parties to the proceedings, call in the aid of an assessor specially qualified, and try the case wholly or partially with his assistance. (2) A Court exercising appellate jurisdiction in respect of such suit or proceeding may, if it thinks fit, call in the aid of an assessor as aforesaid. (3) The remuneration, if any, to be paid to an assessor under this section shall in every case be determined by the Court and be paid by it as part of the expenses of the execution of this Act.",
"name": "Hearing with assessor",
"related_acts": "",
"section_id": 41
},
{
"act_id": 94,
"details": "1835A. Notwithstanding anything contained in section 19, if the Court in any action for infringement of a patent finds that any one or more of the claims in the specification in respect of which the infringement is alleged are valid, it may, subject to its discretion as to costs and as to the date from which damages should be reckoned and to such terms as to amendment as it may deem desirable, grant relief in respect of any of such claims which are infringed without regard to the invalidity of any other claim in the specification. In exercising such discretion the Court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there.",
"name": "Grant of relief in respect of particular claims",
"related_acts": "",
"section_id": 42
},
{
"act_id": 94,
"details": "36. Where any person claiming to have an interest in a patent by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, any person aggrieved thereby may bring a suit against him in a District Court having jurisdiction to try the suit, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of the patent: Provided that this section shall not apply if an action for infringement of the patient is commenced and prosecuted with due diligence.",
"name": "Remedy in case of groundless threats of legal proceedings",
"related_acts": "",
"section_id": 43
},
{
"act_id": 94,
"details": "37. Where, after the commencement of this Act, a patent is granted to two or more persons jointly, they shall, unless otherwise specified in the patent, be treated for the purpose of the devolution of the legal interest therein as joint tenants, but, subject to any contract to the contrary, each of such persons shall be entitled to use the invention for his own profit without accounting to the others, but shall not be entitled to grant a license without their consent, and, if any such person dies, his beneficial interest in the patent shall devolve on his legal representatives.",
"name": "Grant of patents to two or more persons",
"related_acts": "",
"section_id": 44
},
{
"act_id": 94,
"details": "38. The public use or knowledge of an invention in Bangladesh before the date of the application for a patent thereon shall not invalidate the patent granted thereon if the knowledge has been obtained surreptitiously or in fraud of the true and first inventor or his legal representative or assign or has been communicated to the public in fraud of such inventor or his legal representative or assign or in breach of confidence: Provided that such inventor or his legal representative or assign has not acquiesced in the public use of his invention, and that he applies for a patent within six months after the commencement of such use.",
"name": "Public use or knowledge of invention",
"related_acts": "",
"section_id": 45
},
{
"act_id": 94,
"details": "1938A. A patent shall not be held to be invalid on the ground that the complete specification claims a further or different invention to that contained in the provisional, if the invention therein claimed, so far as it is not contained in the provisional, was novel at the date when the complete specification was put in, and the applicant for the patent was the true and first inventor thereof, or the legal representative or assignee of such inventor.",
"name": "Disconformity",
"related_acts": "",
"section_id": 46
},
{
"act_id": 94,
"details": "39. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Registrar may at any time, on payment of the prescribed fee, seal a duplicate thereof.",
"name": "Loss or destruction of patent",
"related_acts": "",
"section_id": 47
},
{
"act_id": 94,
"details": "40. The exhibition of an invention at an industrial or other exhibition to which the provisions of this section have been extended by the Government by notification in the official Gazette, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention or the publication of any description thereof, during or after the period of the holding of the exhibition, by any person elsewhere without the privity or consent of the inventor or the reading of a paper by an inventor before a learned society, or the publication of that paper in the society's transactions shall not prejudice the right of the inventor to apply for and obtain a patent in respect of the invention, or the validity of any patent granted on the application: Provided that- (a)\tthe exhibitor exhibiting the invention or the inventor reading the paper or authorising the publication thereof, as the case may be, gives to the Registrar previous notice in the prescribed form; and (b)\tthe application for a patent is made before or within six months from the date of first exhibiting the invention or of the reading of the paper, as the case may be, or when it has not been so read, of the said publication.",
"name": "Provisions as to exhibitions and readings before learned societies",
"related_acts": "",
"section_id": 48
},
{
"act_id": 94,
"details": "41. The National Museum of Bangladesh may at any time require a patentee to furnish it with a model or sample of his invention on payment to the patentee of the cost of the manufacture of the model or sample, the amount to be settled, in case of dispute, by the Government.",
"name": "Models to be furnished to the National Museum of Bangladesh",
"related_acts": "",
"section_id": 49
},
{
"act_id": 94,
"details": "42. (1) A patent shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the Jurisdiction of any Court in Bangladesh, or the use of an invention in a foreign vessel within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from Bangladesh. (2) This section shall not extend to vessels of any foreign State of which the laws do not confer corresponding rights with respect to the use of inventions in Bangladesh vessels while in the ports of that State, or in the waters within the jurisdiction of its Courts.",
"name": "Foreign vessels in Bangladesh waters",
"related_acts": "",
"section_id": 50
},
{
"act_id": 94,
"details": "43. (1) The Registrar may, on the application of any person claiming to be the proprietor of any new or original design not previously published in Bangladesh, register the design under this Part. (2) The application must be made in the prescribed form and must be left at the Department of Patents, Designs and Trade Marks in the prescribed manner and must be accompanied by the prescribed fee. (3) The same design may be registered in more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Registrar may decide the question. (4) The Registrar may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the Government. (5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned. (6) A design when registered shall be registered as of the date of the application for registration.",
"name": "Application for registration of designs",
"related_acts": "",
"section_id": 51
},
{
"act_id": 94,
"details": "44. Where a design has been registered in one or more classes of goods, the application of the proprietor of the design to register it in some one or more other classes shall not be refused, nor shall the registration thereof be invalidated- (a)\ton the ground of the design not being a new or original design, by reason only that it was so previously registered; or (b)\ton the ground of the design having been previously published in Bangladesh, by reason only that it has been applied to goods of any class in which it was so previously registered: Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.",
"name": "Registration of designs in new classes",
"related_acts": "",
"section_id": 52
},
{
"act_id": 94,
"details": "45. (1) The Registrar shall grant a certificate of registration to the proprietor of the design when registered. (2) The Registrar may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.",
"name": "Certificate of registration",
"related_acts": "",
"section_id": 53
},
{
"act_id": 94,
"details": "46. (1) There shall be kept at the Department of Patents, Designs and Trade Marks a book called the Register or Designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may be prescribed. (2) The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act. (3) The register of designs shall be prima facie evidence of any matters by this Act directed or authorized to be entered therein.",
"name": "Register of Designs",
"related_acts": "",
"section_id": 54
},
{
"act_id": 94,
"details": "47. (1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. (2) If before the expiration of the said five years application for the extension of the period of copyright is made to the Registrar in the prescribed manner, the Registrar shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of five years. (3) If before the expiration of such second period of five years application for the extension of the period of copyright is made to the Registrar in the prescribed manner, the Registrar may, subject to any rules under this Act, on payment of the prescribed fee, extend the period of copyright for a third period of five years from the expiration of the second period of five years.",
"name": "Copyright on registration",
"related_acts": "",
"section_id": 55
},
{
"act_id": 94,
"details": "48. (1) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall- (a)\t(if exact representations or specimens were not furnished on the application for registration), furnish to the Registrar the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Registrar may erase his name from the register, and thereupon the copyright in the design shall cease; and (b)\tcause each such article to be marked with the prescribed mark, or with the prescribed words or figures, denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design. (2) Where a representation is made to the Government by or on behalf of any trade or industry that in the interests of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.",
"name": "Requirements before delivery on sale",
"related_acts": "",
"section_id": 56
},
{
"act_id": 94,
"details": "49. The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person other than the proprietor of the design, and the acceptance of a first and confidential order for goods bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.",
"name": "Effect of disclosure on copyright",
"related_acts": "",
"section_id": 57
},
{
"act_id": 94,
"details": "50. (1) During the existence of copyright in a design, or such shorter period not being less than two years from the registration of the design as may be prescribed, the design shall not be open to inspection except by the proprietor or a person authorized in writing by him, or a person authorized by the Registrar or the Court, and furnishing such information as may enable the Registrar to identify the design, and shall not be open to the inspection of any person except in the presence of the Registrar, or of an officer acting under him, and on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof: Provided that, where registration of a design is refused on the ground of identity with a design already registered, the applicant for registration shall be entitled to inspect the design so registered. (2) After the expiration of the copyright in a design, or such shorter period as aforesaid, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee. (3) Different periods may be prescribed under this section for different classes of goods.",
"name": "Inspection of registered designs",
"related_acts": "",
"section_id": 58
},
{
"act_id": 94,
"details": "51. On the request of any person furnishing such information as may enable the Registrar to identify the design, and on payment of the prescribed fee, the Registrar shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of goods, and shall state the date of registration, and the name and address of the registered proprietor.",
"name": "Information as to existence of copyright",
"related_acts": "",
"section_id": 59
},
{
"act_id": 94,
"details": "51B. The provisions of section 21 shall apply to registered designs as if those provisions were re-enacted herein and in terms made applicable to registered designs.",
"name": "Registration of designs to bind the Government",
"related_acts": "",
"section_id": 60
},
{
"act_id": 94,
"details": "2051A. (1) Any person interested may present a petition for the cancellation of the registration of a desig- (a)\tat any time after the registration of the design, to the High Court Division on any of the following grounds, namely:- (i)\tthat the design has been previously registered in Bangladesh; or (ii)\tthat it has been published in Bangladesh prior to the date of registration; or (iii)\tthat the design is not a new or original design; or (b)\twithin one year from the date of the registration, to the Registrar on either of the grounds specified in sub-clauses (i) and (ii) of clause (a). (2) An appeal shall lie from any order of the Registrar under this section to the High Court Division, and the Registrar may at any time refer any such petition to the High Court Division shall decide any petition so referred.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 61
},
{
"act_id": 94,
"details": "52. The exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended by the Government by notification in the official Gazette, or the publication of a description of the design, during the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design by any person elsewhere during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or invalidate the registration thereof: Provided that- (a)\tthe exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Registrar previous notice in the prescribed form; and (b)\tthe application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.",
"name": "Provisions as to exhibitions.",
"related_acts": "",
"section_id": 62
},
{
"act_id": 94,
"details": "53. (1) During the existence of copyright in any design it shall not be lawful for any person- (a)\tfor the purpose of sale to apply or cause to be applied to any article in any class of goods in which the design in registered the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or, (aa)\tto import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or (b)\tknowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of goods in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. (2) If any person acts in contravention of this section, he shall be liable for every contravention- (a)\tto pay to the registered proprietor of the design a sum not exceeding five hundred taka recoverable as a contract debt, or (b)\tif the proprietor elects to bring suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed one thousand taka. (3) When the Court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Registrar, who shall cause an entry thereof to be made in the register of designs.",
"name": "Piracy of registered design",
"related_acts": "",
"section_id": 63
},
{
"act_id": 94,
"details": "54. The provisions of this Act with regard to certificates of the validity of a patent and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for references to a patent, and of references to the proprietor or a design for references to the patentee, and of references to the design for references to the invention.",
"name": "Application of certain provisions of the Act as to Patents and Designs",
"related_acts": "",
"section_id": 64
},
{
"act_id": 94,
"details": "2155. (1) The Government may, by notification in the Official Gazette, appoint a person, for the purposes of this Act and Trade Marks Act, 1940 (Act No. V of 1940), to be known as Registrar of Patents, Designs and Trade Marks. (2) For the purposes of this Act and Trade Marks Act, 1940 (V of 1940), there shall be established a department called the Department of Patents, Designs and Trade Marks. (3) The Department of Patents, Designs and Trade Marks shall consist of two wings, namely:- (a)\tThe Patents and Designs Wing to deal with matters related to the Patents and Designs Act; and (b)\tThe Trade Marks Registry Wing to deal with matters related to the Trade Marks Act. (4) The Head Office of the Department of Patents, Designs and Trade Marks shall be in Dhaka; and there may be established branch office or offices at such other place or places as the Government may determine. (5) There shall be a common seal of the Department of Patents, Designs and Trade Marks as well as separate seals to indicate the separate entities of the Patents and Designs Wing and the Trade Marks Registry Wing. (6) The Government may, in addition to the Registrar, appoint such other officers and employees in the Department of Patents, Designs and Trade Marks, as it may think necessary. (7) The Registrar may, subject to the approval of the Government, delegate such office functions of him to any other officer or officers of the Department of Patents, Designs and Trade Marks, as may be deemed necessary.",
"name": "Appointments of state Registrar, etc.",
"related_acts": "184,184",
"section_id": 65
},
{
"act_id": 94,
"details": "56. Omitted by section 5 of the Patents and Designs (Amendment) Act, 2003 (Act No. XV of 2003).",
"name": "Omitted",
"related_acts": "",
"section_id": 66
},
{
"act_id": 94,
"details": "57. (1) There shall be paid in respect of the grant of patents and the registration of designs, and applications thereof, and in respect of other matters with relation to the patents and designs under this Act, such fees as may be prescribed by the Government, so however that the fees prescribed in respect of the instruments and matters mentioned in the schedule shall not exceed those there specified. (2) A proceeding in respect of which a fee is payable under this Act or the rules made thereunder shall be of no effect unless the fee has been paid.",
"name": "Fees",
"related_acts": "",
"section_id": 67
},
{
"act_id": 94,
"details": "58. There shall not be entered in any register kept under this Act, or be receivable by the Registrar, any notice of any trust, expressed, implied or constructive.",
"name": "Notice of trust not to be entered in registers",
"related_acts": "",
"section_id": 68
},
{
"act_id": 94,
"details": "59. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act; and certified copies, sealed with the seal of the Department of Patents, Designs and Trade Marks, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.",
"name": "Inspection of and extracts from registers",
"related_acts": "",
"section_id": 69
},
{
"act_id": 94,
"details": "2259A. A person making a request to the Registrar in the prescribed manner as respects any patent specified in the request or as respects any application for a patent so specified, for information to be furnished to him by the Registrar of any such matters as may be prescribed affecting that patent or application, shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly.",
"name": "Information relating to patents",
"related_acts": "",
"section_id": 70
},
{
"act_id": 94,
"details": "60. Reports of or to the Registrar made under this Act shall not in any case be published or be open to public inspection.",
"name": "Privilege of reports of Registrar",
"related_acts": "",
"section_id": 71
},
{
"act_id": 94,
"details": "61. (1) Where an application for a patent has been abandoned or deemed to have been refused, the specifications and drawings (if any), accompanying or left in connection with such application, shall not, save as otherwise expressly provided by this Act, at any time be open to public inspection or be published by the Registrar. (2) Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Registrar.",
"name": "Prohibition of publication of specification, drawings, etc., where application abandoned, etc.",
"related_acts": "",
"section_id": 72
},
{
"act_id": 94,
"details": "62. The Registrar may, on request in writing accompanied by the prescribed fee,- (a)\tcorrect any clerical error in or in connection with an application for a patent or in any patent or any specification; (b)\tRepealed by the Indian Patents and Designs (Amendment) Act, 1930 (Act No. VII of 1930). (c)\tcorrect any clerical error in the representation of a design or in the name or address of the proprietor of any patent or design, or in any other matter which is entered upon the register of patents or the register of designs.",
"name": "Power for Registrar to correct clerical errors",
"related_acts": "",
"section_id": 73
},
{
"act_id": 94,
"details": "63. (1) Where a person becomes entitled by assignment, transmission or other operation of law to a patent or to the copyright in a registered design, he may make application to the Registrar to register his title, and the Registrar shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such patent or design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title. (2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a patent or registered design, he may make application to the Registrar to register his title, and the Registrar shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of patents or designs, as the case may be, with particulars of the instrument, if any, creating such interest. (3) The person registered as the proprietor of a patent or design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise dealt with, the patent or design and to give effectual receipts for any consideration for any such assignment, license or dealing: Provided that any equities in respect of the patent or design may be enforced in like manner as in respect of any other moveable property. (4) Except in the case of an application made under section 64, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any Court in proof of the title to a patent or to copyright in a design or to any interest therein, unless the Court, for reasons to be recorded in writing, otherwise directs.",
"name": "Entry of assignments and transmissions in registers",
"related_acts": "",
"section_id": 74
},
{
"act_id": 94,
"details": "64. (1) The Registrar may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of patents or designs of any entry, or by any entry made in either such register without sufficient cause, or by any entry wrongly remaining on either such register, or by an error or defect in any entry in either such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly. (2) The Registrar may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of a register. (3) An appeal shall lie to the High Court Division from any order of the Registrar under this section; and the Registrar may refer any application under this section to the High Court Division for decision, and the High Court Division shall dispose of any application so referred. (4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Registrar in the prescribed manner, who shall upon the receipt of such notice rectify the register accordingly. (5) Nothing in this section shall be deemed to empower the Registrar- (a)\tto rectify the register of patents, or to decide any question relating to a patent, otherwise than for the purpose of correcting a mistake of fact apparent from a reference either to the patent itself or to some order of a competent authority made under any other provision of this Act, or (b)\tto make any such order cancelling the registration of a design as is provided for in section 51A.",
"name": "Rectification of register",
"related_acts": "",
"section_id": 75
},
{
"act_id": 94,
"details": "65. Subject to any rules in this behalf, the Registrar in any proceedings before him under this Act shall have the powers of a Civil Court for the purpose of receiving evidence administering oaths enforcing the attendance of witnesses compelling the discovery and production of documents, issuing commissions, for the examining of witnesses and awarding costs and such award shall be executable in any Court having jurisdiction as if it were a decree of that Court.",
"name": "Power of Registrar in proceedings under Act",
"related_acts": "",
"section_id": 76
},
{
"act_id": 94,
"details": "66. The Registrar shall issue periodically a publication of patented inventions containing such information as the Government may direct.",
"name": "Publication of patented inventions",
"related_acts": "",
"section_id": 77
},
{
"act_id": 94,
"details": "67. Where any discretionary power is by or under this Act given to the Registrar, he shall not exercise the power adversely to the applicant for a patent, or for amendment of an application or of a specification, or for registration of a design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.",
"name": "Exercise of discretionary power by Registrar",
"related_acts": "",
"section_id": 78
},
{
"act_id": 94,
"details": "68. The Registrar may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Government for directions in the matter.",
"name": "Power of Registrar to take directions of the Government",
"related_acts": "",
"section_id": 79
},
{
"act_id": 94,
"details": "69. (1) The Registrar may refuse to grant a patent for an invention or to register a design of which the use would, in his opinion, be contrary to law or morality. (2) An appeal shall lie to the Government from an order of the Registrar under this section.",
"name": "Refusal to grant patent, etc., in certain cases",
"related_acts": "",
"section_id": 80
},
{
"act_id": 94,
"details": "70. (1) Where an appeal is declared by this Act to lie from the Registrar to the Government, the appeal shall be made within three months of the date of the order passed by the Registrar, and shall be in writing, and accompanied by the prescribed fee. (2) In calculating the said period of three months the time (if any) occupied in granting a copy of the order appealed against shall be excluded. (3) The Government may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the Government shall be final.",
"name": "Appeals to the Government",
"related_acts": "",
"section_id": 81
},
{
"act_id": 94,
"details": "2370A. Subject to any rules made under section 77, in any proceeding under this Act before the Registrar, the evidence shall be given by affidavit, in the absence of directions by the Registrar to the contrary; but in any case in which the Registrar thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.",
"name": "Evidence before the Registrar",
"related_acts": "",
"section_id": 82
},
{
"act_id": 94,
"details": "71. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorised by this Act, or any rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.",
"name": "Certificate of Registrar to be evidence",
"related_acts": "",
"section_id": 83
},
{
"act_id": 94,
"details": "2471A. Printed or written copies or extracts, purporting to be certified by the Registrar and sealed with the seal of the Department of Patents, Designs and Trade Marks of or from patents, specifications and other documents in the Department of Patents, Designs and Trade Marks, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in Bangladesh, and in all proceedings, without further proof or production of the originals: Provided that a Court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.",
"name": "Evidence of documents in Department of Patents, Designs and Trade Marks",
"related_acts": "",
"section_id": 84
},
{
"act_id": 94,
"details": "72. Copies of all such specifications, drawings and amendments left at the Department of Patents, Designs and Trade Marks, as become open to public inspection under the provisions of this Act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the Government may appoint in this behalf, and shall be open to the inspection of any person at all reasonable times at places to be appointed by those authorities and approved by the Government.",
"name": "Transmission of copies of specifications, etc., and inspection thereof",
"related_acts": "",
"section_id": 85
},
{
"act_id": 94,
"details": "73. Any application, notice or othe document authorized or required to be left, made or give at the Department of Patents, Designs and Trade Marks or to the Registrar, or to any other person under this Act, may be sent by post.",
"name": "Applications and notices by post",
"related_acts": "",
"section_id": 86
},
{
"act_id": 94,
"details": "2574A. Where a person giving notice of any opposition under this Act or giving notice to the Court of appeal from any decision of the Registrar under this Act, neither resides nor carries on business in Bangladesh, the Registrar or the Court, as the case may be, may require such person to give security for the payment of all costs incurred and likely to be incurred in the proceedings or appeal, as the case may be, and, in default of such security being given, may disallow the opposition or dismiss the appeal.",
"name": "Security for costs",
"related_acts": "",
"section_id": 87
},
{
"act_id": 94,
"details": "74. (1) If any person is, by reason of infancy, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any Court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability. (2) An appointment may be made by the Court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.",
"name": "Declaration by infant, lunatic, etc.",
"related_acts": "",
"section_id": 88
},
{
"act_id": 94,
"details": "75. The following documents, namely,- (1) \tapplications for a patent, (2) \tnotices of opposition, (3) \tapplications for extension of term of a patent, (4) \tapplications for the restoration of lapsed patents, (5) \tapplications for leave to amend, (6) \tapplications for compulsory license or revocation, and (7) \tnotices of surrenders of patent, shall be signed and verified, in the manner prescribed, by the person making such applications or giving such notices: Provided that, if such person is absent from Bangladesh they may be signed and verified on his behalf by an agent resident in Bangladesh authorized by him in writing in that behalf.",
"name": "Subscription and verification of certain documents",
"related_acts": "",
"section_id": 89
},
{
"act_id": 94,
"details": "76. (1) All other applications and communications to the Registrar under this Act may be signed by, and all attendances upon the Registrar may be made by or through a legal practitioner or by or through an agent authorised to the satisfaction of the Registrar. (2) The Registrar may, if he sees fit, require- (a)\tany such agent to be resident in Bangladesh: (b) \tany person not residing in Bangladesh to employ an agent residing in Bangladesh; (c) \tthe personal signature or presence of any applicant, opponent or other person.",
"name": "Agency",
"related_acts": "",
"section_id": 90
},
{
"act_id": 94,
"details": "77. (1) The Government may make such rules as it thinks expedient subject to the provisions of this Act- (a)\tfor regulating the practice of registration under this Act; (b)\tfor classifying goods for the purposes of designs; (c)\tfor making or requiring duplicates of specifications, drawings and other documents; (d)\tfor securing and regulating the publishing and selling of copies, at such prices and in such manner as the Government thinks fit, of specifications, drawings and other documents; (e)\tfor securing and regulating the making, printing, publishing, and selling of indexes to, and abridgements of, specifications and other documents in the Department of Patents, Designs and Trade Marks; and providing for the inspection of indexes and abridgements and other documents; 26(ee) \tfor the manner in which fees leviable under this Act \tmay be paid; (eee) \tfor ensuring secrecy with respect to patents to which section 21A applies; (f)\tgenerally for regulating the business of the Department of Patents, Designs and Trade Marks, the conduct of proceedings before the Registrar, and all things by this Act placed under the direction or control of the Registra or of the Government; and (g)\tgenerally for the purpose of carrying into effect the provisions of this Act. (2) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication. 27(2A) Nothing in sub-section (2) shall apply in the case of rules made for the purpose specified in clause (eee) of sub-section (1); and any such rules may modify any of the provisions of this Act so far as may be necessary for that purpose. (3) All rules made under this section shall be published in the official Gazette, and on such publication shall have effect as if enacted in this Act.",
"name": "Power for Government to make rules",
"related_acts": "",
"section_id": 91
},
{
"act_id": 94,
"details": "78. If any person uses on this place of business, or on any document issued by him, or otherwise, the words Department of Patents, Designs and Trade Marks or any other words suggesting that his place of business is officially connected with, or is, the Department of Patents, Designs and Trade Marks, he shall be punishable with fine which may extend to two hundred taka, and, in the case of a continuing offence, with further fine of twenty taka for each day on which the offence is continued after conviction therefore.",
"name": "Wrongful use of words Department of Patents, Designs and Trade Marks",
"related_acts": "",
"section_id": 92
},
{
"act_id": 94,
"details": "78A. (1) Whereas His Majesty has by Order made on the 28th day of July, 1938, declared British India to be a convention country within the meaning of section 91A of the Patents and Designs Acts, 1907 to 1938, any person who has applied for protection for any invention or design in the United Kingdom, or his legal representative or assignee shall, either alone or jointly with any other person be entitled to claim that the patent that may be granted to him under this Act, for the said invention or the registration of the said design under this Act, shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom: Provided that- (a)\tthe application is made in the case of a patent within twelve months, and, in the case of design, within six months from the application for protection in the United Kingdom: and (b)\tnothing in this section shall entitle the patentee or the proprietor of the design to recover damages for infringements happening prior to the actual date on which, in the case of a patent, his application is accepted, or, in the case of a design, the design is registered, in Bangladesh. (2) The patent granted for an invention or the registration of a design shall not be invalidated- (a)\tin the case of a patent, by reason only of the publication of a description of, or use of, the invention, or (b)\tin the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design, in Bangladesh during the period specified in this section as that within which the application may be made. (3) The application for the grant of a patent or the registration of a design under this section must be made in the same manner as an ordinary application under this Act: Provided that, in the case of a patent,- (a)\tthe application shall be accompanied by a complete specification; and (b)\tif the application is not accepted within eighteen months from the date of the application for protection in the United Kingdom, the specification shall with the drawings (if any) supplied therewith, be open to public inspection at the expiration of that period. (4) Where it is made to appear to the Government that the legislature of any other part of His Majesty's dominions 28* * * has made satisfactory provision for the protection of inventions or designs, patented or registered in Bangladesh the Government may, by notification in the official Gazette, direct that the provisions of this section with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of inventions or designs patented or registered in that part of His Majesty's dominions 29* * *.",
"name": "Reciprocal arrangements with the United Kingdom and other parts of His Majesty’s dominions",
"related_acts": "",
"section_id": 93
},
{
"act_id": 94,
"details": "79. Nothing in this Act shall take away, abridge or prejudicially affect the prerogative of the Government in relation to the granting of any letters patent or to the withholding of a grant thereof.",
"name": "Savings for prerogative",
"related_acts": "",
"section_id": 94
},
{
"act_id": 94,
"details": "80. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 95
},
{
"act_id": 94,
"details": "81. Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1920 (Act No. XXXI of 1920).",
"name": "Repealed",
"related_acts": "",
"section_id": 96
}
],
"text": "1♣An Act to amend the law relating to the protection of Inventions and Designs WHEREAS it is expedient to amend the law relating to the protection of inventions and designs; It is hereby enacted as follows:-"
} |
{
"id": 95,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “Taka” and \"Penal Code\" were substituted, for the words “East Pakistan”, \"Provincial Government”, “Rupees” and \"Pakistan Penal Code\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 Sub-section (4a) was inserted by section 4 of the Bengal Mining Settlements (Amendment) Act, 1931 (Act No. IV of 1931)",
"4 Section 11A was inserted by section 6 of the Bengal Mining Settlement (Amendment) Act, 1931 (Act No. IV of 1931)"
],
"name": "The Mining Settlements Act, 1912",
"num_of_sections": 20,
"published_date": "30th March, 1912",
"related_act": [
430,
126,
95
],
"repelled": false,
"sections": [
{
"act_id": 95,
"details": "1. (1) This Act may be called the 2* * * Mining Settlements Act, 1912; and (2) It extends to the whole of Bangladesh.",
"name": "Short title and extent",
"related_acts": "95",
"section_id": 1
},
{
"act_id": 95,
"details": "2. The expressions “agent,” “employed,” “mine” and “owner,” as used in this Act, shall have the same meaning as in section 3 of the Mines Act, 1923.",
"name": "Definitions",
"related_acts": "126",
"section_id": 2
},
{
"act_id": 95,
"details": "3. (1) The Government may, by notification in the official Gazette, appoint, for any area or areas in which persons employed in a mine reside, a Mines Board of Health, consisting of not less than five or more than nine persons; and shall appoint one of the members to be Chairman. (2) Two of the persons appointed under sub-section (1) shall be nominated by owners of mines or their representatives: Provided that, if the Board consists of more than five members, three shall be so nominated. (3) One of the persons appointed under sub-section (1) shall be nominated by persons who receive royalties, rents or fines from mines. (4) Nominations under sub-section (2) or sub-section (3) must be made under such procedure, and within such period, as may be prescribed by rules made under this Act; and, in default of nomination in accordance with such rules, the Government may appoint any person it thinks fit.",
"name": "Appointment of Mines Board of Health",
"related_acts": "",
"section_id": 3
},
{
"act_id": 95,
"details": "4. (1) The Government may, of its own motion, or after considering any report submitted to it by a Mines Board of Health, publish a notice in the official Gazette and in such other manner (if any) as it may think fit, intimating its intention to declare any area (not being or forming part of a mine) to be a mining settlement for the purposes of this Act. (2) The Government shall consider any objections to the intended declaration which may be submitted to it in writing within such period as may be specified in this behalf in the said notice, and may then, by notification in the official Gazette declare that any area or portion of an area referred to in the said notice shall, for the purposes of this Act, be a mining settlement and be subject to the authority of such Mines Board of Health as the Government may designate.",
"name": "Procedure for declaring area to be a mining settlement",
"related_acts": "",
"section_id": 4
},
{
"act_id": 95,
"details": "5. (1) The Government shall appoint as many Sanitary Officers as it may consider necessary for mining settlements, and shall declare the Mines Board of Health to which each such officer shall be subordinate. (2) Every Sanitary Officer shall be deemed to be a public servant within the meaning of the Penal Code. (3) It shall be the duty of a Sanitary Officer appointed to a mining settlement or any part thereof- (a) to report to the Mines Board of Health what \tmeasures should, in his opinion, be taken- (i) \tto provide for the supply of filtered, boiled or other water, (ii) to provide for sanitation and conservancy, and (iii) \tto provide for the housing of residents; and (b) \tto exercise, subject to the control of the Mines Board of Health to which he is subordinate, such other functions, consistent with the objects of this Act and calculated to prevent the outbreak or spread of dangerous epidemic disease, as the Government may by general or special order, direct, or as may be delegated to him by such Board.",
"name": "Appointment, status and duties of Sanitary Officers",
"related_acts": "",
"section_id": 5
},
{
"act_id": 95,
"details": "6. (1) If the Mines Board of Health approve any measures reported by a Sanitary Officer under clause (a) of sub-section (3) of section 5, or if they consider that any other measures should be taken to provide for any of the purpose referred to in that clause, the Board shall serve,- (a) on the owners of all mines in which are employed persons residing in the mining settlement, or in the part of the mining settlement to which such measures relate, or (b) on the holders of the land occupied by such mining settlement or part, if they are not the owners of the said mine, a notice specifying such measures and requiring such owners or landholders- (i) to execute, within a period to be fixed by the notice, all works that the Board may consider necessary for carrying such measures into effect, and to maintain in good repair all works so executed, or (ii) to carry on continuously such periodical operations as the Board may direct, for carrying such measures into effect, or (iii) both to execute and maintain works and to carry on operations as aforesaid. (2) Nothing in this section shall apply to landholders other than proprietors, permanent tenure-holders, rent-free holders or holders of a maintenance grant.",
"name": "Notice requiring owners to execute and maintain works of sanitation, or to carry on periodical sanitary operations",
"related_acts": "",
"section_id": 6
},
{
"act_id": 95,
"details": "7. If any work required by a notice served under section 6 be not executed to the satisfaction of the Board within the period fixed by the notice, or within such further period (if any) as may be allowed by the Board, or If any work executed in pursuance of any such notice be not maintained in repair to the satisfaction of the Board, or if any operations required by any such notice be not carried on to the satisfaction of the Board, the Board, after serving a warning notice on the defaulters, shall prepare an estimate of the cost of the work which ought, in their opinion, to be carried out, and may entertain any establishment necessary for the preparation of such estimate, and may also cause such work to be executed.",
"name": "Power for Mines Board of Health to execute work in default of owners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 95,
"details": "8. Any of the powers or duties conferred or imposed by section 6 or section 7 upon a Mines Board of Health may be exercised or performed by the Chairman of the Board in any case which he considers to be of such urgency as to render it impracticable to hold a meeting of the Board.",
"name": "Power for Chairman to discharge functions of Board in certain cases",
"related_acts": "",
"section_id": 8
},
{
"act_id": 95,
"details": "9. Any notice sent by post under section 6 or section 7 shall be forwarded under registered cover.",
"name": "Service on notices",
"related_acts": "",
"section_id": 9
},
{
"act_id": 95,
"details": "10. (1) All expenses incurred by a Mines Board of Health for the purposes of this Act, other than expenses under section 7 and section 8, shall be charged to- (a)\tall owners of mines in which are employed persons residing in the mining settlements which are subject to the authority of that Board, and (b)\tall persons who receive any royalty, rent or fine from such mines. (2) All expenses incurred by a Mines Board of Health under section 7, or by the Chairman thereof under section 8, whether or not they exceed the estimate prepared under the former section, and all expenses incurred by any holder of land in executing or maintaining any work or carrying on any operations in pursuance of a notice served under clause (b) of sub-section (1) of section 6, shall be charged to- (i)\tall owners of mines in which are employed persons residing in the settlement or part, and (ii)\tall persons who receive any royalty, rent or fine from such mines: Provided that, if it can be shown to the satisfaction of the Board that the insanitary condition is distinctly referable to any act or omission on the part of one or more mine-owners in respect to his or their property, the Board may direct that the expenses incurred shall be payable by such owner or owners only. (3) Save in the case specified in the proviso to sub-section (2), the expenses referred to in sub-sections (1) and (2) shall be charged to the said owners and persons in such proportions as the Government may, from time to time, direct: Provided that the assessment shall be based- (i)\tin the case of owners of mines, on the output of their mines; and (ii)\tin the case of the receivers of any royalty, rent or fine, on the road cess payable by such persons. (4) All expenses chargeable under this section shall be recoverable as if they were arrears of land-revenue. 3(4a) The expenses due from any owner in respect of any mine shall, subject to the prior payment of the land-revenue (if any), due to the Government thereupon, be a first charge upon the said mine, and upon the movable property (if any) found within such mine and belonging to the said owner. (5) When any expenses incurred by any holder of land in executing or maintaining any work or carrying on any operations in pursuance of a notice served under clause (b) of sub-section (1) of section 6, have been recovered, they shall be repaid to him: Provided that, if any question arises as to the amount of expenses incurred by such landholder, the award of the Mines Board of Health shall, subject to an appeal to the Commissioner, be final.",
"name": "Charging, appointment and recovery of expenses",
"related_acts": "",
"section_id": 10
},
{
"act_id": 95,
"details": "11. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes and objects of this Act in respect of all mining settlements or any groups or classes of mining settlements. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may− (a) \tprovide for the nomination, appointment and tenure of office of members of a Mines Board of Health and regulate the procedure of such Board and the powers and functions of the Chairman; (b) \tregulate all expenditure to be incurred by a Mines Board of Health, and the methods under which sum due to it may be calculated and recovered; (c) \tregulate the duties and powers of Sanitary Officers, and provide for appeals from their orders; (3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication. (4) The date to be specified as that on or after which a draft of rules proposed to be made under this section will be taken into consideration shall not be less than three months from the date on which the draft of the proposed rules was published for general information. (5) Where a Mining Board has been constituted under section 10 of the Mines Act, 1923, any rule to be made under this Act shall, before it is published for criticism under sub-section (3), be referred to the Mining Board, and the rule shall not be so published until the said Board has been consulted as to the suitability of its provisions. (6) All rules made under this section shall be published in the official Gazette, and, on such publication, shall have effect as it enacted in this Act.",
"name": "Power to make rules.",
"related_acts": "126",
"section_id": 11
},
{
"act_id": 95,
"details": "411A. (1) A Mines Board of Health may, after previous publication, make bye-laws- (i) \tdefining the duties of owners, agents and managers of mines in respect of a mining settlement, and of all persons acting under them; (ii) \tdefining the matters in respect of which notices, returns and reports shall be furnished by owners, agents and managers of mines, the form of such notices, returns and reports, the persons and authorities to whom they are to be furnished, and the particulars to be contained in them; (iii) \tdefining the plans (if any) to be kept by owners, agents and managers of mines within a mining settlement, and the manner and places in which they are to be kept for purposes of record; (iv) \tproviding for the supply of filtered, boiled or other water and for sanitation and conservancy in the mining settlement; (v) \tproviding for the taking of measures to prevent the outbreak or spread of and to combat epidemic and other diseases in the mining settlement; (vi) \tproviding against the accumulation of water (other than water in mines) in the mining settlement; (vii) \tregulating the construction and sanitation of residential buildings within the mining settlement; (viii) \tprescribing standards of accommodation in cases where accommodation is provided for persons employed in mines within the mining settlement; (ix) \tproviding against the accumulation of water (other than water in mines) in the mining settlement; (x) \tregulating the construction and sanitation of residential buildings within the mining settlement; (xi) \tprescribing standards of accommodation in cases where accommodation is provided for persons employed in mines within the mining settlement; (xii) \tdefining the medical assistance to be provided by the owners of mines within the mining settlement for the labourers employed under them; (xiii) providing for the prevention or abatement of nuisances affecting the public health committed by any persons within the limits of the mining settlement; and (xiv) \tgenerally for carrying out the purposes of this Act and for promoting the safety, health and welfare of persons employed in mines within the mining settlement. (2) Bye-laws made under this section shall not take effect until they have been confirmed by the Government and published in the official Gazette.",
"name": "Power of Board to make bye-laws",
"related_acts": "",
"section_id": 12
},
{
"act_id": 95,
"details": "12. A Sanitary Officer may, within any mining settlement for which he is appointed,- (a) \tmake such examination and inquiry as he thinks fit, in order to ascertain whether the provisions of this Act and of the rules, bye-laws and orders made thereunder are observed; (b) \tenter, with such assistants (if any) as he thinks fit inspect and examine any mining settlement or any part thereof, at all reasonable times by day or by night; (c) \texamine into, and make inquiry respecting, the sanitary condition of any mining settlement or any part thereof, and the sufficiency of the rules and bye-laws or the time being in force in the settlement; and (d) \tdo all other things required of him by or under this Act.",
"name": "Powers of Sanitary Officers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 95,
"details": "13. The owners, agents and managers of mines in which are employed persons residing in any mining settlement, or the owners of the land occupied by such settlement, if they are not the owners of such mines, shall furnish the Sanitary Officer, on requisition, with all reasonable facilities for making any entry, inspection, examination or inquiry under this Act, in relation to the sanitary condition of such settlement.",
"name": "Facilities to be afforded to Sanitary Officers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 95,
"details": "14. A Mines Board of Health shall have the powers of a Civil Court for the purpose of enforcing the attendance of witnesses and compelling the production of documents; and every person required by any such Board to furnish information before it shall be deemed to be legally bound to do so within the meaning of section 176 of the Penal Code.",
"name": "Powers of Mines Board of Health for obtaining evidence",
"related_acts": "",
"section_id": 15
},
{
"act_id": 95,
"details": "15. (1) Whoever obstructs any Sanitary Officer in the discharge of his duties under this Act, or refuses or wilfully neglects to furnish him with the means necessary for making any entry, inspection, examination or inquiry thereunder in relation to any mining settlement, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both. (2) Whoever makes, gives or delivers any notice or return required by or under this Act which contains a statement, entry or detail which is not, to the best of his knowledge or belief, true, shall be punishable with fine which may extend to five hundred taka. (3) Whoever- (a) \tfails to comply with any requisition or order made under any provision of this Act or of any rule, bye-law or order made thereunder; or (b) \tcontravenes any provision of this Act or any rule, bye-law or order made thereunder, for the breach of which no penalty is otherwise provided, shall be punishable with fine which may extend to two hundred taka, and, in the case of a continuing breach under clause (a) of this sub-section, with a further fine which may extend to fifty taka for every day during which the breach is proved to have been persisted in after the date of the receipt by him of the requisition or order referred to in that clause. (4) All fines realised under this section shall be made over to the Mines Board of Health at whose instance the prosecution was instituted, to be employed in furtherance of the objects of this Act.",
"name": "Penalties for offences",
"related_acts": "",
"section_id": 16
},
{
"act_id": 95,
"details": "16. No prosecution shall be instituted against any owner, agent or manager of a mine for any offence against this Act or any rule, bye-law or order made thereunder, except at the instance of a Mines Board of Health.",
"name": "Prosecution of owner, agent or manager",
"related_acts": "",
"section_id": 17
},
{
"act_id": 95,
"details": "17. No Court shall take cognizance of any offence against this Act or any rule, bye-law or order made thereunder, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed.",
"name": "Limitation of prosecutions",
"related_acts": "",
"section_id": 18
},
{
"act_id": 95,
"details": "18. No Court inferior to that of a Magistrate of the first class or Subdivisional Magistrate shall try any offence against this Act or any rule, bye-law or order made thereunder, which- (a) \tis alleged to have been committed by any owner, agent or manager of a mine, or (b)\tis punishable with imprisonment.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 19
},
{
"act_id": 95,
"details": "19. The Government may reverse or modify any order passed under this Act by any authority.",
"name": "Power of Government to alter or rescind orders",
"related_acts": "",
"section_id": 20
}
],
"text": "1♣An Act to provide for the better control and sanitation of Mining Settlements in Bangladesh WHEREAS it is expedient to provide for the better control and sanitation of mining settlements in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 97,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words \"High Court Division\" were substituted, for the words \"High Court\" or \"a High Court\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The word \"Government\" was substituted, for the words \"Central Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 Clauses (1) and (2) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"5 Clause (8) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"6 The word \"Bangladesh\" was substituted, for the words \"the Division\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Sub-sections (1) and (2) were substituted, for sub-sections (1) and (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The word \"Bangladesh\" was substituted, for the words \"the Division for which he is appointed\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 Section 14A was inserted by section 3 of the Official Trustees (Bengal Amendment) Act, 1941 (Act No. I of 1941).",
"10 The words “for East Pakistan” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"12 Section 30A was inserted by the Official Trustees (Bengal Amendment) Act, 1941 (Act No. I of 1941), section 4"
],
"name": "The Official Trustees Act, 1913",
"num_of_sections": 36,
"published_date": "27th February, 1913",
"related_act": [
128,
97,
129,
130,
131,
132,
133,
430,
47,
86,
90
],
"repelled": false,
"sections": [
{
"act_id": 97,
"details": "1. (1) This Act may be called the Official Trustees Act, 1913. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on such date as the 3Government by notification in the official Gazette may direct.",
"name": "Short title, extent and commencement",
"related_acts": "97",
"section_id": 1
},
{
"act_id": 97,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 4 * * * (3) \tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937. (4) \t“Prescribed” means prescribed by rules under this Act: (5)-(7) Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937. 5* * *",
"name": "Interpretation clause",
"related_acts": "",
"section_id": 2
},
{
"act_id": 97,
"details": "3. For the purposes of this Act the High Court Division shall have jurisdiction throughout 6Bangladesh.",
"name": "Extent of jurisdiction of High Court Division",
"related_acts": "",
"section_id": 3
},
{
"act_id": 97,
"details": "4. 7(1) The Government shall appoint an Official Trustee for the whole of Bangladesh. (2) No person shall be appointed to the office of the Official Trustee who is not an advocate within the meaning of clause (a) of Article 2 of the Bangladesh Legal Practitioners and Bar Council Order, 1972.",
"name": "Official Trustees",
"related_acts": "",
"section_id": 4
},
{
"act_id": 97,
"details": "5. The Government may appoint a Deputy or Deputies to assist the Official Trustee; and any Deputy so appointed shall, subject to the control of the Government and the general or special orders of the Official Trustee, be competent to discharge any of the duties and exercise any of the powers of the Official Trustee, and, when discharging such duties or exercising such powers, shall have the same privileges and be subject to the same liabilities as the Official Trustee.",
"name": "Appointment and powers of Deputy Official Trustee",
"related_acts": "",
"section_id": 5
},
{
"act_id": 97,
"details": "6. The Official Trustee shall be a corporation sole by the name of the Official Trustee of 8Bangladesh and, as such Official Trustee, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.",
"name": "Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name",
"related_acts": "",
"section_id": 6
},
{
"act_id": 97,
"details": "7. (1) Subject to, and in accordance with, the provisions of this Act and the rules made thereunder, the Official Trustee may, if he thinks fit,- (a)\tact as an ordinary trustee; (b)\tbe appointed trustee by a Court of competent jurisdiction. (2) Save as hereinafter expressly provided, the Official Trustee shall have the same powers, duties and liabilities, and be entitled to the same rights and privileges and be subject to the same control and orders of the Court as any other trustee acting in the same capacity. (3) The Official Trustee may decline, either absolutely or except on such conditions as he may impose, to except any trust. (4) The Official Trustee shall not accept any trust under any composition or scheme of arrangement for the benefit of creditors, nor of any estate known or believed by him to be insolvent. (5) The Official Trustee shall not, save as provided by any rules made under this Act, accept any trust for a religious purpose or any trust which involves the management or carrying on of any business. (6) The Official Trustee shall not administer the estate of a deceased person, unless he is expressly appointed sole executor of, and sole trustee under, the will of such person. (7) The Official Trustee shall always be sole trustee, and it shall not be lawful to appoint the Official Trustee to be trustee along with any other person.",
"name": "General powers and duties of Official Trustee",
"related_acts": "",
"section_id": 7
},
{
"act_id": 97,
"details": "8. (1) Any person intending to create a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act may by the instrument creating the trust and with the consent of the Official Trustee, appoint him by that name or any other sufficient description to be the trustee of the property subject to such trust: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee. (2) Upon such appointment the property subject to the trust shall vest in such Official Trustee, and shall be held by him upon the trusts declared in such instrument.",
"name": "Official Trustee may with consent be appointed trustee of settlement by grantor",
"related_acts": "",
"section_id": 8
},
{
"act_id": 97,
"details": "9. When the Official Trustee has by that name or any other sufficient description been appointed trustee under any will, the executor of the will of the testator or the administrator of his estate shall, after obtaining probate or letters of administration, notify in the prescribed manner the contents of such will to such Official Trustee; and, if such Official Trustee, consents to accept the trust, then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the trust to the Official Trustee such property shall vest in such Official Trustee, and shall be held by him upon the trusts expressed in the said will: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee.",
"name": "Appointment of Official Trustee as trustee by will",
"related_acts": "",
"section_id": 9
},
{
"act_id": 97,
"details": "10. (1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the High Court Division willing or capable to act in the trust, the High Court Division may on application make an order for the appointment of the Official Trustee by that name with his consent to be the trustee of such property. (2) Upon such order such property shall vest in the Official Trustee and shall be held by him upon the same trusts as the same was held previously to such order, and the previous trustee or trustees (if any) shall be exempt from liability as trustees of such property save in respect of acts done before the date of such order. (3) Nothing in this section shall be deemed to affect the provisions of the Trustees' and Mortgagees' Powers Act, 1866, or the Trusts Act, 1882.",
"name": "Power of High Court Division to appoint Official Trustee to be trustee of property",
"related_acts": "47",
"section_id": 10
},
{
"act_id": 97,
"details": "11. (1) If any property is subject to a trust other than a trust which the Official Trustee is prohibited from accepting under the provisions of this Act, and all the trustees of the surviving or continuing trustee or trustees and all persons beneficially interested in the trusts are desirous that the Official Trustee shall be appointed in the room of such trustee or trustees, it shall be lawful for such trustee or trustees, by an instrument in writing to appoint the Official Trustee by that name or any other sufficient description with his consent to be the trustee of such property: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by him. (2) Upon such appointment such property shall vest in the Official Trustee and shall be held by him upon the same trusts as the same was held previously to such appointment, and the previous trustee or trustees shall be exempt from all liability as trustees of such property save in respect of acts done before the date of such appointment.",
"name": "Power of private trustees to appoint Official Trustee to be trustee of property",
"related_acts": "",
"section_id": 11
},
{
"act_id": 97,
"details": "12. (1) If any infant or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom such gift is made, or executor or administrator by whom such legacy or share is payable or transferable or any trustee of such gift, legacy or share, to transfer the same by an instrument in writing to the Official Trustee by that name or any other sufficient description with his consent: Provided that the consent of the Official Trustee shall be recited in the said instrument and that such instrument shall be duly executed by the Official Trustee. (2) Any money or property transferred to the Official Trustee under this section shall vest in him and shall be subject to the same provisions as are contained in this Act as to other property vested in such Official Trustee.",
"name": "Executor or administrator may pay to Official Trustee legacy, share, etc., of infant or lunatic",
"related_acts": "",
"section_id": 12
},
{
"act_id": 97,
"details": "13. (1) No Official Trustee shall be required by any Court to enter into any bond or security on his appointment in any capacity under this Act. (2) No Official Trustee or Deputy Official Trustee shall be required to verify otherwise than by his signature any petition presented by him under the provisions of this Act, and if the facts stated in any such petition are not within the Official Trustee's personal knowledge, the petition may be verified and subscribed by any person competent to make the verification.",
"name": "Official Trustee not to be required to give bond or security",
"related_acts": "",
"section_id": 13
},
{
"act_id": 97,
"details": "14. The entry of the Official Trustee by that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled to object to enter the name of the Official Trustee on its register by reason only that the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt with is the Official Trustee shall not of itself constitute notice of a trust.",
"name": "Entry of Official Trustee not to constitute notice of a trust",
"related_acts": "",
"section_id": 14
},
{
"act_id": 97,
"details": "914A. The Official Trustee 10* * * may, whenever he desires, for the purposes of this Act, to satisfy himself regarding any question of fact, examine upon oath (which he is hereby authorized to administer) any person who is willing to be examined by him regarding such question.",
"name": "Power to examine on Oath",
"related_acts": "",
"section_id": 15
},
{
"act_id": 97,
"details": "15. (1) The revenues of the Government shall be liable to make good all sums required to discharge any liability which the Official Trustee, if he were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the Official Trustee nor any of his officers has in any way contributed or which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in either of those cases the Official Trustee shall not, nor shall the revenues of the Government be subject to any liability. (2) Nothing in sub-section (1) shall be deemed to render the revenues of the Government or any Official Trustee appointed under this Act liable for anything done by or under the authority of any Official Trustee before the commencement of this Act.",
"name": "Liability of Government",
"related_acts": "",
"section_id": 16
},
{
"act_id": 97,
"details": "16. Nothing in section 80 of the Code of Civil Procedure, 1908, shall apply to any suit against the Official Trustee in which no relief is claimed against him personally.",
"name": "Notice of suit not required in certain cases",
"related_acts": "86",
"section_id": 17
},
{
"act_id": 97,
"details": "17. (1) There shall be charged in respect of the duties of the Official Trustee such fees, whether by way of percentage or otherwise, as the Government may prescribe. (2) The fees under this section may be at different rates for different properties or classes of properties or for different duties, and shall, so far as may be, be arranged so as to produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this Act (including such sum as Government may determine to be required to insure the revenues of the Government against loss under this Act).",
"name": "Fees",
"related_acts": "",
"section_id": 18
},
{
"act_id": 97,
"details": "18. (1) All expenses which might be retained or paid out of the trust fund, if the Official Trustee were a private trustee, shall be so retained or paid, and any fees leviable under this Act shall be retained or paid in like manner as and in addition to such expenses. (2) The Official Trustee shall transfer and pay to such authority and in such manner and at such times as the Government may prescribe, all fees received by him under this Act, and the same shall be carried to the account and credit of the Government.",
"name": "Disposal of fees",
"related_acts": "",
"section_id": 19
},
{
"act_id": 97,
"details": "19. (1) The accounts of the Official Trustee shall be audited at least once annually and at any other time if the Government so direct by the prescribed person and in the prescribed manner. (2) The auditor shall examine such accounts, and shall forward to Government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by him showing- (a)\twhether the accounts have been audited in the prescribed manner, and (aa)\twhether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein, and (b)\twhether the books, which by any rules made under this Act are directed to be kept by the Official Trustee, have been duly and regularly kept, and (c)\twhether the trust funds and securities have been duly kept and invested and deposited in the manner prescribed by this Act or any rules made thereunder; or (as the case may be) that such accounts are deficient, or that the Official Trustee has failed to comply with this Act or the rules made thereunder, in such respects as may be specified in such certificate.",
"name": "Auditors to be appointed to examine Official Trustee’s accounts, etc., and to report to Government",
"related_acts": "",
"section_id": 20
},
{
"act_id": 97,
"details": "20. (1) Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908. (a)\tto summon any person whose presence he may think necessary to attend him from time to time, and (b)\tto examine any person, on oath to be by him administered, and (c)\tto issue a commission for the examination on interrogatories or otherwise of any person, and (d)\tto summon any person to produce any document or thing, the production of which appears to be necessary for the purposes of such audit or examination. (2) Any person who, when summoned, refuses, or without reasonable cause neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined shall be deemed to have committed an offence within the meaning of, and punishable under, section 188 of the 11Penal Code, and the auditor shall report every case of such refusal or neglect to Government.",
"name": "Auditor’s power to summon witnesses and to call for documents",
"related_acts": "86",
"section_id": 21
},
{
"act_id": 97,
"details": "21. The cost of and incidental to every such audit and examination shall be determined in accordance with rules made by the Government and shall be defrayed in the prescribed manner.",
"name": "Costs of audit, etc., how paid",
"related_acts": "",
"section_id": 22
},
{
"act_id": 97,
"details": "22. Every beneficiary under a trust which is being administered by the Official Trustee shall, subject to such conditions and restrictions as may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such trust, and the report and certificate of the auditor and, on payment of the prescribed fees, to be furnished with copies thereof or extracts therefrom, and nothing in the Trusts Act, 1882, shall affect the provisions of this section.",
"name": "Right of beneficiary to inspection and copies of accounts",
"related_acts": "47",
"section_id": 23
},
{
"act_id": 97,
"details": "23. When any moneys payable to a beneficiary under a trust have been in the hands of any Official Trustee for a period of twelve years or upwards whether before or after the commencement of this Act in consequence of the Official Trustee having been unable to trace the person entitled to receive the same, such moneys shall be transferred in the prescribed manner to the account and credit of the Government: Provided that no such moneys shall be so transferred if any suit or proceeding is pending in respect thereof in any Court.",
"name": "Transfer to Government of accumulations in the hands of Official Trustee",
"related_acts": "",
"section_id": 24
},
{
"act_id": 97,
"details": "24. (1) If any claim is made to any moneys so transferred and such claim is established to the satisfaction of the prescribed authority, the Government shall pay to the claimant the amount in respect of which the claim is established. (2) If such claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such moneys, apply by petition to the High Court Division against the Government and, after taking such evidence as it thinks fit, such Court shall make such order on the petition in regard to the payment of such moneys as it thinks fit, and such order shall be binding on all parties to the proceedings. (3) The Court may further direct by whom all or any part of the costs of such proceedings shall be paid.",
"name": "Mode of proceeding by claimant to recover money so transferred",
"related_acts": "",
"section_id": 25
},
{
"act_id": 97,
"details": "25. The High Court Division may make such orders as it thinks fit respecting any trust property vested in the Official Trustee, or the interest or produce thereof.",
"name": "Power of High Court Division to make orders in respect of property vested in Official Trustee",
"related_acts": "",
"section_id": 26
},
{
"act_id": 97,
"details": "26. Any order under this Act may be made, on the application of any person beneficially interested in any trust property or of any trustee thereof.",
"name": "Who may apply for order under Act",
"related_acts": "",
"section_id": 27
},
{
"act_id": 97,
"details": "27. Any order made by High Court Division under this Act shall have the same effect as a decree.",
"name": "Order of Court to have effect of a decree",
"related_acts": "",
"section_id": 28
},
{
"act_id": 97,
"details": "28. The Official Trustee may, in addition to and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure- (a) on such acts as may be necessary for the proper care and management of any property belonging to any trust administered by him; and (b)\twith the sanction of the High Court Division on such religious, charitable and other objects and on such improvements as may be reasonable and proper in the case of such property.",
"name": "General powers of administration",
"related_acts": "",
"section_id": 29
},
{
"act_id": 97,
"details": "29. (1) Nothing in this Act shall be deemed to prevent the transfer by the Official Trustee of any property vested in him to- (a)\tthe original trustee (if any); or (b)\tany other lawfully appointed trustee; or (c)\tany other person if the Court so directs. (2) Upon such transfer such property shall vest in such trustee, and shall be held by him upon the same trusts as those upon which it was held prior to such transfer, and the Official Trustee shall be exempt from all liability as trustee of such property except in respect of acts done before such transfer: Provided that, in the case of any transfer under this section, the Official Trustee shall be entitled to retain out of the property any fees leviable in accordance with the provisions of this Act.",
"name": "Transfer of trust property by Official Trustee to original trustee or any other trustee",
"related_acts": "",
"section_id": 30
},
{
"act_id": 97,
"details": "1230A. Whoever, during any examination authorized by this Act, makes upon oath a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a stage of a judicial proceeding.",
"name": "False evidence",
"related_acts": "",
"section_id": 31
},
{
"act_id": 97,
"details": "30. (1) The Government shall make rules for carrying into effect the objects of this Act and for regulating the proceedings of the Official Trustee in the discharge of his duties. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a)\tthe accounts to be kept by the Official Trustee and the audit and inspection thereof; (b)\tthe safe custody, and deposit of the funds and securities which come into the hands of the Official Trustee; (c)\tthe remittance of sums of money in the hands of the Official Trustee in cases in which such remittances are required; (d)\tthe statements, schedules and other documents to be submitted by the Official Trustee to Government or to any other authority and the publication of such statements, schedules or other documents; (e)\tthe realization of the cost of preparing any such statements, schedules or other documents; (f)\tsubject to the provisions of this Act, the fees to be paid thereunder and the collection and accounting for any fees so fixed; (g)\tthe manner in which and the person by whom the costs of and incidental to any audit under the provisions of this Act are to be determined and defrayed; (h)\tthe manner in which summonses issued under the provisions of section 20 are to be served and the payment of the expenses of any persons summoned are examined under the provisions of this Act and of any expenditure incidental to such examination; (i)\tthe acceptance by the Official Trustee of trusts for religious purposes and trusts which involve the management or carrying on of business; and (j)\tany matter in this Act directed to be prescribed. (3) Rules made under the provisions of this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Act.",
"name": "Rules",
"related_acts": "",
"section_id": 32
},
{
"act_id": 97,
"details": "31. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 33
},
{
"act_id": 97,
"details": "32. Nothing contained in this Act shall be deemed to affect the provisions of the Registration Act, 1908.",
"name": "Savings of provisions of Registration Act, 1908",
"related_acts": "90",
"section_id": 34
},
{
"act_id": 97,
"details": "32A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 35
},
{
"act_id": 97,
"details": "33. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 36
}
],
"text": "1♣An Act to consolidate and amend the Law constituting the office of Official Trustee. WHEREAS it is expedient to consolidate and amend the law constituting the office of the Official Trustee; It is hereby enacted as follows:-"
} |
{
"id": 98,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the words “Bangladesh”, \"Government\" and \"Taka\" were substituted, for the words \"East Pakistan\", \"Provincial Government\" or \"Central Government or the Provincial Government\" and \"rupees\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"3 The words and commas \"Upazilla Nirbahi Officer, a Upazila Magistrate,\" were substituted, for the words and commas “Sub-divisional Officer,” by section 2 of the Public Demands Recovery (Amendment) Act, 1987 (Act No. XXXV of 1987).",
"4 The comma and words \", with the sanction of the Commissioner\" were inserted by section 2 and Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976).",
"5 Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961.)",
"6 The words, commas and figures \"Bangladesh House Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973,\" were substituted, for the words, commas and figures “House Building Finance Corporation Act, 1952 or the Agricultural Development Bank Ordinance, 1961,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"7 The words, comma and figure \"Customs Act, 1969\" were substituted, for the words, comma and figure “Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"8 The word \"Government\" was substituted, for the words \"Central or Provincial Government\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"9 The words and figures \"or for the recovery of any money referred to in Article 15 of Schedule I\" were inserted by section 2 of the Public Demands Recovery (Amendment) Ordinance, 1978 (Ordinance No. XXXV of 1978).",
"10 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The words “East Bengal” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"13 The words, commas and figures \"Bangladesh House Building Finance Corporation Order, 1973\" were substituted, for the words, commas and figures “House Building Finance Corporation Act, 1952\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"14 The words \"Bangladesh Krishi Bank\" were substituted, for the words “Agricultural Development Bank of Pakistan” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The words, comma and figure \"Bangladesh Krishi Bank Order, 1973\" were substituted, for “Agricultural Development Bank Ordinance, 1961” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"17 The words, commas and figures \"Bangladesh House Building Finance Corporation Order, 1973\" were substituted, for the words, commas and figures “House Building Finance Corporation Act, 1952\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"18 The words \"Board of Land Administration\" were substituted, for the word “Government” by the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982).",
"19 The words “and with the previous sanction of the Provincial Government” were omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).",
"20 The word “original” was omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973)",
"21 The word \"Commissioner\" was substituted, for the words “Civil Court” by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"22 The word \"Commissioner\" was substituted, for the words “Civil Court” by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"23 Section 53 was substituted, for section 53 by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976).",
"24 Sub-section (3) was substituted, for the former sub-section (3) by the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982).",
"25 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"26 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Public Demands Recovery Act, 1913 (Bengal Act)",
"num_of_sections": 66,
"published_date": "30th April, 1913",
"related_act": [
354,
134,
135,
136,
137,
138,
140,
430,
21,
86,
88
],
"repelled": false,
"sections": [
{
"act_id": 98,
"details": "1. (1) This Act may be called the 2* * * Public Demands Recovery Act, 1913. (2) It shall come into force on such date as the Government may appoint by notification in the official Gazette. (3) It extends to the whole of Bangladesh.",
"name": "Short title, commencement and extent",
"related_acts": "",
"section_id": 1
},
{
"act_id": 98,
"details": "2. Repealed by the Bengal Repealing and Amending Act, 1938 (Act No. I of 1939).",
"name": "Repealed",
"related_acts": "",
"section_id": 2
},
{
"act_id": 98,
"details": "3. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“Certificate-debtor” means the person named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate-officer; (2)\t“Certificate-holder” means the Government or person in whose favour a certificate has been filed under this Act, and includes any person whose name is substituted or added as creditor by the Certificate-officer; (3)\t“Certificate-officer” means a Collector, a 3Upazila Nirbahi Officer, a Upazila Magistrate, and any officer, appointed by a Collector 4, with the sanction of the Commissioner to perform the functions of a Certificate-officer under this Act; (4)\t“movable property” includes growing crops; (5)\t“prescribed” means prescribed by rules; (6)\t“public demand” means any arrear or money mentioned or referred to in Schedule I, and includes any interest which may, by law, be chargeable thereon up to the date on which a certificate is signed under part II; and (7)\t“rules” means rules and forms contained in Schedule II or made under section 39.",
"name": "Definitions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 98,
"details": "4. When the Certificate-officer is satisfied that any public demand payable to the Collector is due, he may sign a certificate, in the prescribed form, stating that the demand is due, and shall cause the certificate to be filed in his office.",
"name": "Filing of certificate for public demand payable to Collector",
"related_acts": "",
"section_id": 4
},
{
"act_id": 98,
"details": "5. (1) When any public demand payable to any person other than the Collector is due, such person may send to the Certificate-officer a written requisition in the prescribed form: Provided that no action shall be taken under this Act, on a requisition made by a land mortgage bank registered or deemed to be registered under the Co-operative Societies Act, 1940, or an assignee of such bank, unless the requisition be countersigned by the Registrar of Co-operative Societies, Bangladesh. (2) Every such requisition shall be signed and verified in the prescribed manner, and, except in such cases as may be prescribed, shall be chargeable with the fee of the amount which would be payable under the Court-fees Act, 1870, in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.",
"name": "Requisition for certificate in other cases",
"related_acts": "21",
"section_id": 5
},
{
"act_id": 98,
"details": "6. On receipt of any such requisition, the Certificate-officer, if he is satisfied that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the prescribed form, stating that the demand is due; and shall include in the certificate the fee (if any) paid under section 5, sub-section (2); and shall cause the certificate to be filed in his office.",
"name": "Filing of certificate on requisition",
"related_acts": "",
"section_id": 6
},
{
"act_id": 98,
"details": "7. When a certificate has been filed in the office of a Certificate-officer, under section 4 or section 6, he shall cause to be serve upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.",
"name": "Service of notice and copy of certificate on certificate-debtor",
"related_acts": "",
"section_id": 7
},
{
"act_id": 98,
"details": "8. From and after the service of notice of any certificate under section 7 upon a certificate-debtor,- (a)\tany private transfer or delivery of any of his immovable property situated in the district in which the certificate is filed, or of any interest in any such property, shall be void against any claim enforceable in execution of the certificate; and (b)\tthe amount due from time to time in respect of the certificate shall be a charge upon the immovable property of the certificate-debtor, wherever situated, to which every other charge created subsequently to the service of the said notice shall be postponed.",
"name": "Effect of service of notice of certificate",
"related_acts": "",
"section_id": 8
},
{
"act_id": 98,
"details": "9. (1) The certificate-debtor may, within thirty days from the service of the notice required by section 7, or, where the notice has not been duly served, then within 30 days from the execution of any process for enforcing the certificate, present to the Certificate-officer in whose office the certificate is filed, or to the Certificate-officer who is executing the certificate, a petition, in the prescribed form, signed and verified in the prescribed manner, denying his liability, in whole or in part. (2) If any such petition is presented to a Certificate-officer other than the Certificate-officer in whose office the original certificate is filed, it shall be sent to the latter officer for disposal.",
"name": "Filing of petition denying liability",
"related_acts": "",
"section_id": 9
},
{
"act_id": 98,
"details": "10. The Certificate-officer in whose office the original certificate is filed shall hear the petition, take evidence (if necessary), and determine whether the certificate-debtor is liable for the whole or any part of the amount for which the certificate was signed; and may set aside, modify or vary the certificate accordingly: Provided that, if the Certificate-officer is not the Collector, and considers that the petition involves a bona fide claim of right to property, he shall refer the petition to the Collector for orders; and the Collector, if he is satisfied that a bona fide claim of right of property is involved, shall make an order canceling the certificate.",
"name": "Hearing and determining of such petition",
"related_acts": "",
"section_id": 10
},
{
"act_id": 98,
"details": "510A. (1) Notwithstanding anything contained in section 7, when a certificate has been filed in the Office of the Certificate-officer under section 4 or section 6 for the recovery of any dues under the 6Bangladesh House Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973, or the Co-operative Societies Act, 1940 or the 7Customs Act, 1969 or for the recovery of any loan advanced by the 8Government, 9or for the recovery of any money referred to in Article 15 of Schedule I the Certificate-officer shall, instead of causing a notice prescribed under section 7 to be served upon the certificate-debtor, cause a demand-notice to be served upon the certificate-debtor by registered post with acknowledgement due requiring the certificate-debtor to deposit with the Certificate-officer the amount of his debt within thirty days of the service of such notice. (2) From and after the service of the demand-notice under sub-section (1) upon a certificate-debtor, the provisions of clauses (a) and (b) of section 8 shall apply. (3) The provisions of section 9 or section 10 shall not apply in the case of a certificate for the recovery of any dues or loan specified in sub-section (1); and on the default of the certificate-debtor to deposit the amount of his debt as require by sub-section (1), the Certificate-officer shall proceed to execute the certificate in accordance with the provisions of the Act.",
"name": "Special provisions relating to certificate for the recovery of certain dues.",
"related_acts": "354",
"section_id": 11
},
{
"act_id": 98,
"details": "11. A certificate filed under section 4 or section 6 may be executed by- (a)\tthe Certificate-officer in whose office the original certificate is filed, or (b)\tthe Certificate-officer to whom a copy of the certificate is sent for execution under section 12, sub-section (1).",
"name": "Who may execute certificate",
"related_acts": "",
"section_id": 12
},
{
"act_id": 98,
"details": "12. (1) A Certificate-officer in whose office a certificate is filed may send a copy thereof, for execution, to any other Certificate-officer. (2) When a copy of a certificate is sent to any such officer, he shall cause it to be filed in his office, and thereupon the provisions of section 8 with respect to certificates filed in the office of a Certificate-officer shall apply as if such copy were an original certificate: Provided that it shall not be necessary to serve a second notice and copy under section 7.",
"name": "Transmission of certificate to another Certificate-officer for execution",
"related_acts": "",
"section_id": 13
},
{
"act_id": 98,
"details": "13. No step in execution of a certificate shall be taken until the period of thirty days has elapsed since the date of the service of the notice required by section 7, or, when a petition has been duly filed under section 9, until such petition has been heard and determined: Provided that, if the Certificate-officer in whose office a certificate is filed is satisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such of his movable property as would be liable to attachment in execution of a decree of a Civil Court, and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing, an attachment of the whole or any part of such movable property: Provided further that if the certificate-debtor whose movable property has been so attached furnishes security to the satisfaction of the Certificate-officer, such attachment shall be cancelled from the date on which such security is accepted by the Certificate-officer.",
"name": "When certificate may be executed",
"related_acts": "",
"section_id": 14
},
{
"act_id": 98,
"details": "14. Subject to such conditions and limitations as may be prescribed, a Certificate-officer may order execution of a certificate- (a)\tby attachment and sale, or by sale (without previous attachment), of any property, or (b)\tby attachment of any decree, or (c)\tby arresting the Certificate-debtor and detaining him in the civil prison, or (d)\tby any two or all of the methods mentioned in clauses (a), (b) and (c). Explanation to clause (d).-The Certificate-officer may, in his discretion, refuse execution at the same time against the person and property of the certificate-debtor.",
"name": "Modes of execution",
"related_acts": "",
"section_id": 15
},
{
"act_id": 98,
"details": "15. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 16
},
{
"act_id": 98,
"details": "16. There shall be recoverable, in the proceedings in execution of every certificate filed under this Act- (a)\tinterest on the public demand to which the certificate relates, at the rate at which interest may, by law, be chargeable on the public demand on the date of the signing of the certificate or at the rate of six and a quarter per centum per annum, whichever is higher, from the date of the signing of the certificate up to the date of realization, (b)\tsuch costs as are directed to be paid under section 45, and (c)\tall charges incurred in respect of- (i)\tthe service of notice under section 7, and of warrants and other processes, and (ii)\tall other proceedings taken for realizing the demand.",
"name": "Interest, costs and charges recoverable",
"related_acts": "",
"section_id": 17
},
{
"act_id": 98,
"details": "17. Property liable to attachment and sale in execution of a decree of a Civil Court under section 60 of the Code of Civil Procedure, 1908 may be attached and sold in execution of a certificate under this Act.",
"name": "Attachment of property",
"related_acts": "86",
"section_id": 18
},
{
"act_id": 98,
"details": "18. Where an attachment has been made in execution of a certificate, any payment to the certificate-debtor of any debt, divident or other moneys, contrary to such attachment, shall be void as against all claims enforceable under the attachment.",
"name": "Payment of moneys, contrary to attachment, to be void",
"related_acts": "",
"section_id": 19
},
{
"act_id": 98,
"details": "19. (1) The attachment of a Civil Court decree for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issue to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until- (i)\tthe Certificate-officer cancels the notice, or (ii)\tthe certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree. (2) Where a Civil Court receives an application under clause (ii) of sub-section (1), it shall, on the application of the certificate-holder or the certificate-debtor, and subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate. (3) The certificate-holder shall be deemed to be representative of the holder attached to the decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.",
"name": "Attachment of decree",
"related_acts": "86",
"section_id": 20
},
{
"act_id": 98,
"details": "20. (1) Where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified. (2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchasers' right, title and interest shall be deemed, to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute. (3) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof or for the recovery of any dues under the 10* * * Agricultural Income-tax Act, 1944, the tenure or holding shall, subject to the provisions of section 90 of the 11* * * State Acquisition and Tenancy Act, 1950, where that section is in force, pass to the purchaser with power to annual incumbrances: Provided as follows- (a)\tan imcumbrance created by a registered instrument, of which a copy has, not less than three months before the actual of the arrear, been served on the Government shall not be so annulled except in the case prescribed; and (b)\tthe power to annual shall be so exercisable only in the manner prescribed. (4) Notwithstanding anything contained elsewhere in this Act, no sale of any tenure or holding in execution of a certificate for arrears of rent or for the recovery of any dues under the 12* * * Agricultural Income-tax Act, 1944, shall effect the title or interest of the House Building Finance Corporation established under the 13Bangladesh House Building Finance Corporation Order, 1973 or the 14Bangladesh Krishi Bank established under the 15Bangladesh Krishi Bank Order, 1973 or a co-operative society established under the 16* * * Co-operative Societies Act, 1940 in respect of a registered and notified incumbrance mentioned in clause (i) of the proviso to sub-section (3), unless a concise statement of the order of attachment and proclamation of sale has, in the prescribed manner and at the time of issue of such proclamation, been sent by the Certificate-officer by registered post to the House Building Finance Corporation or the 17Bangladesh Krishi Bank, or the co-operative society, as the case may be. (5) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply.",
"name": "Purchaser’s title",
"related_acts": "",
"section_id": 21
},
{
"act_id": 98,
"details": "21. (1) No suit shall be maintained, against any person claiming title under a purchase certified by the Certificate-officer in such manner as may be prescribed, on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims. (2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against the property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.",
"name": "Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff",
"related_acts": "",
"section_id": 22
},
{
"act_id": 98,
"details": "22. (1) Where immovable property has been sold in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale, apply to the Certificate-officer to set aside the sale, on his depositing- (a)\tfor payment to the certificate-holder the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per annum, calculated from the date of the proclamation of sale to the date when the deposit is made; (b)\tfor payment to the purchaser, as penalty a sum equal to five per cent. of the purchase-money, but not less than one Taka; and (c)\tfor payment to the collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to the Government under any law for the time being in force as the Collector certifies to be payable by the certificate-debtor. (2) Where a person makes an application under section 23 for setting aside the sale of his immovable property he shall not, unless he withdraws that application, be entitled to make or prosecute an application under this section.",
"name": "Application to set aside sale of immovable property on deposit",
"related_acts": "",
"section_id": 23
},
{
"act_id": 98,
"details": "23. (1) Where immovable property has been sold in execution of a certificate, the certificate-holder, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within sixty days from the date of the sale, apply to the Certificate-officer to set aside the sale on the ground that notice was not served under section 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or conducting the sale: Provided as follows:- (a)\tno sale shall be set aside on any such ground unless the Certificate-officer is satisfied that the applicant has sustained substantial injury by reason of the non-service or irregularity; and (b)\tan application made by a certificate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate-officer that he is not liable to pay such amount. (2) Notwithstanding anything contained in sub-section (1), the Certificate-officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing.",
"name": "Application to set aside sale of immovable property on ground of non-service of notice or irregularity",
"related_acts": "",
"section_id": 24
},
{
"act_id": 98,
"details": "24. The purchaser at any sale of immovable property in execution of a certificate may, at any time within sixty days from the date of the sale, apply to the Certificate-officer to set aside the sale on the ground that the certificate-debtor had no saleable interest in the property sold, or that the property did not exist at the time of the sale.",
"name": "Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist",
"related_acts": "",
"section_id": 25
},
{
"act_id": 98,
"details": "25. (1) Where no application is made under section 22, section 23 or section 24, or where such an application is made and disallowed, the Certificate-officer shall make an order confirming the sale, and thereupon the sale shall become absolute. (2) Where such an application is made and allowed, and where, in the case of an application under section 22, the deposit required by that section made within thirty days from the date of the sale, the Certificate-officer shall make an order setting aside the sale: Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.",
"name": "Sale when to become absolute or be set aside",
"related_acts": "",
"section_id": 26
},
{
"act_id": 98,
"details": "26. (1) Whenever assets are realized, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:- (a)\tthere shall first be paid to the certificate-holder the costs incurred by him; (b)\tthere shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of which the assets were realized; (c)\tif there remains a balance after these sums have been paid, there shall be paid to the certificate-holder therefrom any other amount recoverable under the procedure provided by this Act which the assets were realized; and (d)\tthe balance (if any) remaining after the payment of the amount (if any) referred to in clause (c) shall be paid to the certificate-debtor. (2) If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate-officer shall determine the dispute.",
"name": "Disposal of proceeds of execution",
"related_acts": "",
"section_id": 27
},
{
"act_id": 98,
"details": "27. (1) If the purchaser of any immovable property sold in execution of a certificate is resisted or obstructed by any person in obtaining possession of the property, he may apply to the Certificate-officer. (2) The Certificate-officer shall fix a day for investigating the matter, and shall summon the party against whom the application is made to appear and answer the same.",
"name": "Application by purchaser resisted or obstructed in obtaining possession of immovable property",
"related_acts": "",
"section_id": 28
},
{
"act_id": 98,
"details": "28. (1) If the Certificate-officer is satisfied that the resistance or obstruction was occasioned without any just cause by the certificate-debtor or by some person on his behalf, he shall direct that the applicant be put into possession of the property; and, if the applicant is still resisted or obstructed in obtaining possession, the Certificate-officer may also, at the instance of the applicant, order the certificate-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days. (2) If the Certificate-officer is satisfied that the resistance or obstruction was occasioned by any person (other than the certificate-debtor) claiming in good faith to be in possession of the property on his own account or on account of some person other than the certificate-debtor, the Certificate-officer shall make an order dismissing the application.",
"name": "Procedure on such application",
"related_acts": "",
"section_id": 29
},
{
"act_id": 98,
"details": "29. (1) No order for the arrest and detention in civil prison of a certificate-debtor in execution of a certificate shall be made unless, after giving the certificate-debtor an opportunity of showing cause why he should not be committed to civil prison, the Certificate-officer, for reasons recorded in writing is satisfied,- (a)\tthat the certificate-debtor, with the object or effect of obstructing or delaying the execution of the certificate,- (i)\tis likely to abscond or leave the local limits of the jurisdiction of the Certificate-officer, or (ii)\t\thas, after the filing of the certificate in the office of Certificate-officer, dishonestly transferred, concealed, or removed any part of his property, or (b)\tthat the certificate-debtor has or has had since the date of the filing of the certificate, the means to pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglects or has refused or neglected to pay the same. Explanation.− In the calculation of the means of the certificate-debtor for the purpose of his clause there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force is exempt from attachment in execution of the certificate. (2) When a certificate-debtor appears before the Certificate-officer in obedience to a notice to show cause, the Certificate-officer shall proceed to hear the certificate-holder and take all such evidence as may be produced by him in support of his application for execution, and shall then give the certificate-debtor an opportunity of showing cause whey he should not be committed to the civil-prison. (3) Pending the conclusion of the inquiry under sub-section (2) the Certificate-officer may, in his discretion, order the certificate-debtor to be detained in the custody of such officer as the Certificate-officer may think fit or release him on his furnishing security to the satisfaction of the Certificate-officer for his appearance when required. (4) Upon the conclusion of the inquiry under sub-section (3), the Certificate-officer may subject to the provision of section 31 make an order for the detention of the certificate-debtor in the civil prison and shall in that event cause him to be arrested: Provided that in order to give the certificate-debtor an opportunity of satisfying the certificate-debt, the Certificate-officer may before making the order of detention leave the certificate-debtor in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Certificate-officer for his appearance at the expiration of the specified period if the certificate-debt be not sooner satisfied.",
"name": "Power to arrest and detention",
"related_acts": "",
"section_id": 30
},
{
"act_id": 98,
"details": "30. (1) The Collector may order the release of a certificate-debtor who has been arrested in execution of a certificate, upon being satisfied that he has disclosed the whole of his property and has placed it at the disposal of the Certificate-officer and that he has not committed any act of bad faith. (2) If the Certificate-officer has ground for believing the disclosure made by a certificate-debtor under sub-section (1) to have been untrue, he may order the re-arrest of the certificate-debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).",
"name": "Release from arrest and re-arrest",
"related_acts": "",
"section_id": 31
},
{
"act_id": 98,
"details": "31. (1) Every person detained in the civil prison in execution of a certificate may be so detained,– (a)\twhere the certificate is for a demand of an amount exceeding fifty Taka – for a period of six months, and (b)\tin any other case – for a period of six weeks: Provided that he shall be released from such detention– (i)\ton the amount mentioned in the warrant for his detention being paid to the officer-in-charge of the civil prison, or (ii)\ton the certificate being otherwise fully satisfied, or cancelled, or (iii)\ton the request of the person (if any) on whose requisition the certificate was filed, or of the Collector, or (iv)\ton the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate-officer: Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the Certificate-officer. (2) A certificate-debtor released from detention under this section shall not, merely by reason of his release, be discharged from his debt; but he shall not be liable to be re-arrested under the certificate in execution of which he was detained in the civil prison.",
"name": "Detention in, and release from, prison",
"related_acts": "",
"section_id": 32
},
{
"act_id": 98,
"details": "32. (1) At any time after a warrant for the arrest of a certificate-debtor has been issued, the Certificate-officer may cancel it on the ground of his serious illness. (2) Where a certificate-debtor has been arrested, the Certificate-officer may release him if, in the opinion of the Certificate-officer, he is not in a fit state of health to be detained in the civil prison. (3) Where a certificate-debtor has been committed to the civil prison, he may be released therefrom– (a)\tby the Collector, on the ground of the existence of any infectious or contagious disease, or (b)\tby the Certificate-officer, or the Collector, on the ground of his suffering from any serious illness. (4) A certificate-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).",
"name": "Release on ground of illness",
"related_acts": "",
"section_id": 33
},
{
"act_id": 98,
"details": "33. Notwithstanding anything in this Act, the Certificate-officer shall not order the arrest or detention in the civil prison of– (a)\ta woman, or (b)\tany person who, in his opinion, is a minor or of unsound mind.",
"name": "Prohibition of arrest or detention of women and persons under disability",
"related_acts": "",
"section_id": 34
},
{
"act_id": 98,
"details": "34. The certificate-debtor may, at any time within six months– (1)\tfrom the service upon him of the notice required by section 7, or (2)\tif he files, in accordance with section 9, a petition denying liability–from the date of the determination of the petition, or (3)\tif he appeals, in accordance with section 51, from an order passed under section 10–from the date of the decision of such appeal, bring a suit in the Civil Court to have the certificate cancelled or modified, and for any further consequential relief to which he may be entitled: Provided that no such suit shall be entertained– (a)\tin any case, if the certificate-debtor has omitted to file, in accordance with section 9, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have the certificate cancelled or modified, and cannot satisfy the Court that there was good reason for the omission, or (b)\tin the case of a certificate for a demand mentioned in Article 1 or Article 2 of Schedule I, if the certificate-debtor has not paid the amount due under the certificate to the Certificate-officer– (i)\twithin thirty days from the service of the notice required by section 7, or (ii)\tif he has filed, in accordance with section 9, a petition denying liability – then within thirty days from the date of the determination of the petition, or (iii)\tif he has appealed in accordance with section 51 – then within thirty days from the decision of the appeal: Provided also that no sale in execution of a certificate shall be set aside in such a suit unless the purchaser has been made a party to the suit and until a direction is made for the refund of the amount of the purchase-money, with such interest (if any) as the Court may allow not exceeding six and a quarter per centum per annum.",
"name": "Suit in Civil Court to have certificate cancelled or modified",
"related_acts": "",
"section_id": 35
},
{
"act_id": 98,
"details": "35. (1) No certificate duly filed under this Act shall be cancelled by a Civil Court, except on one of the following grounds, namely:– (a)\tthat the amount stated in the certificate was actually paid or discharged before the signing of the certificate; (b)\tthat no part of the amount stated in the certificate was due by the certificate-debtor to the certificate-holder; or (c)\tthat, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a Collector or a public officer under any law or any rule having the force of law, the proceedings of such Collector or public officer were not in substantial conformity with the provisions of such law or rule, and that in consequence the certificate-debtor suffered substantial injury from some error, defect or irregularity in such proceedings. (2) No certificate duly filed under this Act shall be modified by a Civil Court, except on one of the following grounds, namely:– (i)\tthat a portion of the alleged debt was not due; or (ii)\tthat the certificate-debtor has not received credit for any portion which he has paid.",
"name": "Grounds for cancellation or modification of certificate by Civil Court",
"related_acts": "",
"section_id": 36
},
{
"act_id": 98,
"details": "36. Notwithstanding anything hereinbefore contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by section 7 has not been served; but a suit may be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served, and that the plaintiff has sustained substantial injury by reason of irregularity: Provided that no such suit shall be entertained– (a)\tif instituted more than one year from the date on which possession of the property was delivered to the purchaser, or (b)\tif the certificate-debtor has made appearance in the certificate proceeding, or has applied to the Certificate-officer under section 22 or section 23 to set aside the sale.",
"name": "Suit to recover possession of, or to set aside sale of, immovable property, where notice of certificate not served",
"related_acts": "",
"section_id": 37
},
{
"act_id": 98,
"details": "37. Except as otherwise expressly provided in this Act every question arising between the certificate-holder and the certificate-debtor, or their representatives, relating to the making, execution, discharge or satisfaction of a certificate duly filed under this Act, or relating to the confirmation or setting aside by an order under this Act of a sale held in execution of such certificate, shall be determined, not by suit, but by order of the Certificate-officer before whom such question arises, or of such other Certificate-officer as he may determine: Provided that a suit may be brought in a Civil Court in respect of any such question upon the ground of fraud.",
"name": "General bar to jurisdiction of Civil Courts, save where fraud alleged",
"related_acts": "",
"section_id": 38
},
{
"act_id": 98,
"details": "38. The rules in Schedule II shall have effect as if enacted in the body of this Act, until altered or annulled in accordance with the provisions of this part.",
"name": "Effect of rules in Schedule II",
"related_acts": "",
"section_id": 39
},
{
"act_id": 98,
"details": "39. (1) The 18Board of Land Administration may, after previous publication 19* * * make rules regulating the procedure to be followed by persons making requisitions under section 5 and by Collectors and Certificate-officers acting under this Act; and may, be such rules, alter, add to or annul any of the rules in Schedule II. (2) Such rules shall not be inconsistent with the provisions in the body of this Act, but, subject thereto, may, in particular, and without prejudice to the generality of the power conferred by sub-section (1), provide for all or any of the following matters, namely:– (a)\tthe signature and verification of requisitions made under section 5; (b)\tthe Certificate-officers to whom such requisitions should be addressed; (c)\tthe cases in which such requisitions shall not be chargeable with a fee; (d)\tthe service of notices issued under section 7, the service of other notices or processes issued under this Act, and the manner in which service may be proved; (e)\tthe signing and verification of petitions, under section 9, denying liability; (f)\tthe transfer of such petitions, to other officers for disposal; (g)\tthe scale of charges to be recovered under section 16, clause (c); (h)\tthe maintenance and custody, while under attachment, of live-stock and other movable property, the fees to be charged for such maintenance and custody, the sale of such live-stock and property, and the disposal of the proceeds of such sale; (i)\t\tthe registers, books and accounts to be kept by Certificate-officers, and the inspection thereof by the public; (j)\t\tthe fee to be charged for the inspection of the register of certificates maintained under rule 59 in Schedule II; (k)\t\tthe recovery of expenditure on the certificate establishment by the levy of costs under section 16, clause (b) and section 45; (l)\t\tthe recovery of poundage fees; (m)\tthe forms to be used under this Act.",
"name": "Power of Board of Revenue to make rules as to procedure",
"related_acts": "",
"section_id": 40
},
{
"act_id": 98,
"details": "40.(1) Rules made and sanctioned under section 39 shall be published in the official Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they had been contained in Schedule II. (2) All references in this Act to the said Schedule II shall be construed as referring to that schedule as for the time being amended by such rules.",
"name": "Publication and effect of rules made under section 39",
"related_acts": "",
"section_id": 41
},
{
"act_id": 98,
"details": "41. Where the Certificate-officer is satisfied that the certificate-debtor is a minor or of unsound mind, he shall, in any proceeding under this Act, permit him to be represented by any suitable person.",
"name": "Persons under disability",
"related_acts": "",
"section_id": 42
},
{
"act_id": 98,
"details": "42. No certificate shall cease to be in force by reason of– (a)\tthe property to which the demand relates ceasing to be under the charge or management of the Court of Wards or the Revenue-authorities; or (b)\tthe death of the certificate-holder.",
"name": "Continuance of certificates",
"related_acts": "",
"section_id": 43
},
{
"act_id": 98,
"details": "43. Where a certificate-debtor dies before the certificate has been fully satisfied, the Certificate-officer may, after serving upon the legal representative of the deceased a notice in the prescribed form, proceed to execute the certificate against such legal representative; and the provisions of this Act shall apply as if such legal representative were the certificate-debtor and as if such notice were a notice under section 7: Provided that where the certificate is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Certificate-officer executing the certificate may, of his own motion or on the application of the certificate-holder, compel such legal representative to produce such accounts as the Certificate-officer thinks fit.",
"name": "Procedure on death of certificate-debtor",
"related_acts": "",
"section_id": 44
},
{
"act_id": 98,
"details": "44. (1) The Certificate-officer shall cancel any certificate at the request of the certificate-holder. (2) The Certificate-officer may cancel any certificate filed under section 6 if the certificate-holder is not reasonably diligent.",
"name": "Cancellation of certificates",
"related_acts": "",
"section_id": 45
},
{
"act_id": 98,
"details": "45. Subject to such limitation as may be prescribed, the award of and cost of and incidental to any proceeding under this Act shall be in the discretion of the officer presiding, and he shall have full power to direct by whom and to what extent such costs shall be paid.",
"name": "Costs",
"related_acts": "",
"section_id": 46
},
{
"act_id": 98,
"details": "46. If the Certificate-officer is satisfied that any requisition under section 5 was made without reasonable cause, he may award to the certificate-debtor such compensation as the Certificate-officer thinks fit; and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided by this Act for recovery of costs.",
"name": "Compensation",
"related_acts": "",
"section_id": 47
},
{
"act_id": 98,
"details": "47. (1) No person executing any warrant of arrest issued under this Act, or any process issued under this Act directing or authorizing the attachment of movable property, shall enter any dwelling-house after sunset or before sunrise. (2) No outer door of a dwelling-house shall be broken open unless the dwelling-house or a portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or in any way prevents access thereto; but, when the person executing any such warrant or other process has duly gained access to any dwelling house, he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process. (3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to her that she is at liberty to withdraw; and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of executing the process; and, if the process be for the attachment of property, he may at the same time use every precaution, consistent with this section, to prevent its clandestine removal.",
"name": "Entry into dwelling-house",
"related_acts": "",
"section_id": 48
},
{
"act_id": 98,
"details": "48. Every Collector, Certificate-officer, Assistant Collector or Deputy Collector acting under this Act, and every Government officer making a requisition under section 5, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the meaning of the Judicial Officers' Protection Act, 1850.",
"name": "Application of Act XVIII of 1850",
"related_acts": "",
"section_id": 49
},
{
"act_id": 98,
"details": "49. Every Collector, Certificate-officer, Assistant Collector or Deputy Collector acting under this Act, shall have the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents.",
"name": "Officer to have powers of Civil Court for certain purposes",
"related_acts": "",
"section_id": 50
},
{
"act_id": 98,
"details": "50. All Certificate-officers (not being Collectors), Assistant Collectors and Deputy Collectors shall, in the performance of their duties under this Act, be subject to the general supervision and control of the Collector.",
"name": "Control over officers",
"related_acts": "",
"section_id": 51
},
{
"act_id": 98,
"details": "51. (1) An appeal from any 20* * * order made under this Act shall lie– (a)\tif the order was made by an Assistant Collector or a Deputy Collector, or by a Certificate-officer not being the Collector,− to the Collector, or (b)\tif the order was made by the Collector,–to the 21Commissioner: Provided that no appeal shall lie from any order made under section 22. (2) Every such appeal must be presented, in case (a), within fifteen days, or, in case (b) within thirty days, from the date of the order. (3) The Collector may, by order, with the previous sanction of the 22Commissioner authorize (a)\tany Sub-divisional Officer, or (ii) \tany officer appointed under clause (3) of section 3 to perform the functions of a Certificate-officer, to exercise the appellate powers of the Collector under sub-section (1) (4) When any officer has been so authorized, the Collector may transfer to him for hearing any appeal referred to in clause (a) of sub-section (1), unless the order appealed against was made by such officer. (5) Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not otherwise.",
"name": "Appeal",
"related_acts": "",
"section_id": 52
},
{
"act_id": 98,
"details": "52. No appeal shall lie from any order of a Collector, or an officer authorized under section 51, sub-section (3), when passed on appeal.",
"name": "Bar to second appeals",
"related_acts": "",
"section_id": 53
},
{
"act_id": 98,
"details": "2353. (1) The Collector may revise any order passed by a Certificate-officer, Assistant Collector or Deputy Collector under this Act. (2) The Commissioner may revise any order passed by a Collector under this Act. 24(3) The Board of Land Administration may revise any order passed by a Commissioner under this Act and the order of the Board shall be final.",
"name": "Revision",
"related_acts": "",
"section_id": 54
},
{
"act_id": 98,
"details": "54. Any order passed under this Act may, after notice to all persons interested, be reviewed by the officer who made the order, or by his successor in office, on account of mistake or error either in the making of the certificate or in the course of any proceeding under this Act.",
"name": "Review",
"related_acts": "",
"section_id": 55
},
{
"act_id": 98,
"details": "2554A. The Government may, by notification in the official Gazette, empower an Additional Deputy Commissioner or a joint Deputy Commissioner to exercise all or any of the powers exercisable by the Collector under this Act.",
"name": "Government may empower certain officers",
"related_acts": "",
"section_id": 56
},
{
"act_id": 98,
"details": "55. The powers given by this Act shall be deemed to be in addition to, and not in derogation from, any powers conferred by any other Act now in force for the recovery of any due, debt or demand to which the provisions of this Act are applicable; and, except where expressly so provided, no legal remedy shall be effected by this Act.",
"name": "Saving of other Acts",
"related_acts": "",
"section_id": 57
},
{
"act_id": 98,
"details": "56. (1) Sections 6 to 9 of the Limitation Act, 1908, shall not apply to suits, appeals or applications under this Act. (2) Except as declared in sub-section (1), the provisions of the Limitation Act, 1908, shall apply to all proceedings under this Act as if a certificate filed hereunder were a decree of a Civil Court.",
"name": "Application of the Limitation Act, 1908",
"related_acts": "88,88",
"section_id": 58
},
{
"act_id": 98,
"details": "57. A Certificate-officer shall be deemed to be a Court, and any proceeding before him shall be deemed to be a civil proceeding within the meaning of section 14 of the Limitation Act, 1908.",
"name": "Certificate-officer deemed to be a Court",
"related_acts": "88",
"section_id": 59
},
{
"act_id": 98,
"details": "58. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein, from being taken in execution of a certificate, shall be deemed to have committed an offence punishable under section 206 of the 26Penal Code.",
"name": "Penalties",
"related_acts": "",
"section_id": 60
},
{
"act_id": 98,
"details": "59. (1) Any Certificate-officer may, by written order, authorize any ministerial officer to sign, on behalf of the Certificate-officer, any copy, issued by the Certificate-officer under this Act, of any document referred to therein. (2) The Government may, by notification in the official Gazette, empower Certificate-officers to authorize ministerial officers, by written order, to sign on behalf of Certificate-officers any classes of original notices, summonses or proclamations issued by Certificate-officers under this Act which are specified in such notification.",
"name": "Signature of documents by ministerial officers",
"related_acts": "",
"section_id": 61
},
{
"act_id": 98,
"details": "60. Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).",
"name": "Repealed",
"related_acts": "",
"section_id": 62
},
{
"act_id": 98,
"details": "61. Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).",
"name": "Repealed",
"related_acts": "",
"section_id": 63
},
{
"act_id": 98,
"details": "62. Repealed by section 3 and the Second Schedule of the Bengal Repealing and Amending Act, 1946 (Act No. XVI of 1946).",
"name": "Repealed",
"related_acts": "",
"section_id": 64
},
{
"act_id": 98,
"details": "63. Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).",
"name": "Repealed",
"related_acts": "",
"section_id": 65
},
{
"act_id": 98,
"details": "64. Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).",
"name": "Repealed",
"related_acts": "",
"section_id": 66
}
],
"text": "1♣ An Act to consolidate and amend the law relating to the recovery of public demands in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to the recovery of public demands in Bangladesh; * * * It is hereby enacted as follows:-"
} |
{
"id": 99,
"lower_text": [
"1 Throughout this Act, except otherwise provided, the word, “Bangladesh”, \"Government\", \"Taka\", \"High Court Division\" and \"Muslim\" were substituted, for the words \"Pakistan\" or \"East Pakistan\", \"Central Government\" or \"Provincial Government\", \"Rupees\", \"High Court\" and \"Muhammadan\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The comma and wards “, and applies also to all citizens of Pakistan in Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word \"Bangalee\" was substituted, for the word \"Pakistani\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words, figures and comma \"section 3 of the Succession Act, 1925\" were substituted, for the words, figures and comma “section 332 of the Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Clause (3) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word \"Bangalee\" was substituted, for the word \"Pakistani\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Clauses (12) and (13) were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Sub-sections (1) and (2) were substituted, for sub-sections (1) and (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The words “the Division for which he is appointed” omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"10 The words “of any Division” and \"within the Division\" were omitted respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"11 The words “of any Division” and \"within the Division\" were omitted respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"12 The words “of the Division” and \"in the Division\" were omitted respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"13 The words “of the Division” and \"in the Division\" were omitted respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"14 The words “of the Division” and \"in the Division\" were omitted respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"15 The words “within any Division” and \"in such Division\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"16 The words “within any Division” and \"in such Division\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"17 The words “of the Division in which such assets are” were omitted, by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973.",
"18 The word \"Bangladesh\" was substituted for the words \"the Division\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"19 The words “of any Division” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"20 The word \"Bangladesh\" was substituted, for the words \"such Division\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"21 Second, third and fourth paragraphs of section 24 were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"22 The words “of the Division in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"23 The words “of the Division” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"24 The word \"Bangladesh\" was substituted, for the words \"any Division\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"25 The words “of such Division” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"26 The words, comma and figure \"Provident Funds Act, 1925\" were substituted, for the words, comma and figure “Provident Funds Act, 1897” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"27 The word \"Bangladesh\" was substituted, for the words \"the Division\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"28 The words, comma and figure \"Provident Funds Act, 1925\" were substituted, for the words, comma and figure \"Provident Funds Act, 1897\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"29 The words \"within the Division\" were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"30 Section 36A was inserted by section 7 of the Administrator-General's (Bengal Amendment) Act, 1940 (Act No. XI of 1940)",
"31 The word \"Bangladesh\" was substituted, for the words \"any Division\" and \"any such Division\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"32 The word \"Bangladesh\" was substituted, for the words \"any Division\" and \"any such Division\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"33 The word \"Bangladesh\" was substituted, for the words \"any Division\" and \"any such Division\" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"34 Sub-section (2) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"35 The first and second proviso were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"36 The words \"Penal Code\" were substituted, for the words \"Pakistan Penal Code\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"37 The words and commas \"Succession Act, 1925,\" were substituted, for the words, commas and figure “Indian Succession Act, 1865,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"38 The words, commas and figure \"Companies Act, 1913\" were substituted, for the words, comma and figure “Indian Companies Act, 1882.” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"39 The words, commas and figure \"in the Succession Act, 1925,\" were substituted, for the words, figures and commas “in section 279, section 280 or section 281 of the Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"40 The words and commas \"Succession Act, 1925,\" were substituted, for the words, commas and figure “Indian Succession Act, 1865,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"41 The words, commas and figure \"Companies Act, 1913\" were substituted, for the words, comma and figure “Indian Companies Act, 1882.” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Administrator General's Act, 1913",
"num_of_sections": 64,
"published_date": "27th February, 1913",
"related_act": [
99,
136,
138,
141,
142,
143,
430,
144,
145,
146,
86,
90
],
"repelled": false,
"sections": [
{
"act_id": 99,
"details": "1. (1) This Act may be called the Administrator General's Act, 1913. (2) It extends to the whole of Bangladesh 2* * *. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, direct.",
"name": "Short title, extent and commencement",
"related_acts": "99",
"section_id": 1
},
{
"act_id": 99,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“assets” means all the property, movable and immovable, of a deceased person, which is chargeable with, and applicable to, the payment of his debts and legacies, or available for distribution among his heirs and next-of-kin: (2) \t“exempted person” means a 3Bangalee Christian, a Hindu, Muslim, Parsi or Buddhist, or a person exempted under 4section 3 of the Succession Act, 1925, from the operation of that Act: 5* * * (4) \t“ 6Bangalee Christian” means a person domiciled in Bangladesh who is or in good faith claims to be of unmixed Asiatic descent, and who professes any form of the Christian religion: (5) \t“letters of administration” includes any letters of administration, whether general or with a copy of the will annexed, or limited in time or otherwise: (6) \t“next-of-kin” includes a widower or widow of a deceased person, or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased: (7) \tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937. (8) \t“prescribed” means prescribed by rules under this Act: (9)-(11) \tRepealed by the Government of India (Adaptation of Indian Laws) Order, 1937. 7* * *",
"name": "Interpretation clause",
"related_acts": "138",
"section_id": 2
},
{
"act_id": 99,
"details": "3. 8(1) The Government shall appointed an Administrator General for the whole of Bangladesh. (2) No person shall be appointed to the office of the Administrator General who is not an advocate within the meaning of clause (a) of Article 2 of the Bangladesh Legal Practitioners and Bar Council Order, 1972.",
"name": "Appointment of administrators General",
"related_acts": "",
"section_id": 3
},
{
"act_id": 99,
"details": "4. The Government may appoint a Deputy or Deputies to assist the Administrator General; and any Deputy so appointed shall, subject to the control of the Government and the general or special orders of the Administrator General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator General.",
"name": "Appointment and powers of Deputy Administrators General",
"related_acts": "",
"section_id": 4
},
{
"act_id": 99,
"details": "5. The Administrator General shall be a corporation sole by the name of the Administrator General of 9* * * and, as such Administrator General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.",
"name": "Administrator General to be a corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name",
"related_acts": "",
"section_id": 5
},
{
"act_id": 99,
"details": "6. So far as regards the Administrator General 10* * *, the High Court Division shall be deemed to be a Court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force wheresoever 11* * * the estate to be administered is situate.",
"name": "As regards Administrator General, High Court Division to be deemed a Court of competent jurisdiction for the purpose of granting probate or letter of administration",
"related_acts": "",
"section_id": 6
},
{
"act_id": 99,
"details": "7. Any letters of administration, which are granted after the commencement of this Act by the High Court Division shall be granted to the Administrator General 12* * * unless they are granted to the next-of-kin of the deceased.",
"name": "Administrator General entitled to letters of administration, unless granted to next-of-kin",
"related_acts": "",
"section_id": 7
},
{
"act_id": 99,
"details": "8. The Administrator General 13* * * shall be deemed by all the Courts 14* * * to have a right to letters of administration other than letters pendente lite in preference to that of (a)\ta creditor; or (b)\ta legatee other than an universal legatee; or (c)\ta friend of the deceased.",
"name": "Administrator General entitled to letters of administration in preference to creditor, non-universal legatee or friends",
"related_acts": "",
"section_id": 8
},
{
"act_id": 99,
"details": "9. If any person, not being an exempted person, has died leaving 15* * * assets exceeding the value of two thousand taka, and if no person to whom any Court would have jurisdiction to commit administration of such assets has, within one month after his death, applied 16* * * for probate of his will, or for letters of administration of his estate, the Administrator General 17* * * shall, subject to any rules made by the Government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the High Court Division letters of administration of the estate of such person.",
"name": "When Administrator General is to administer estates of persons other than exempted persons",
"related_acts": "",
"section_id": 9
},
{
"act_id": 99,
"details": "10. Whenever any person, not being an exempted person, has died leaving assets within Bangladesh, or being an exempted person, has died leaving assets within the local limits of the ordinary original civil jurisdiction of the High Court Division or within any area notified by the Government in this behalf in the official Gazette, the Court, on being satisfied that danger is to be apprehended of misappropriation, deterioration or waste of such assets unless letters of administration of the estate of such person are granted, may upon the application of the Administrator General or of any person interested in such assets or in the due administration thereof, make an order, upon such terms as to indemnifying the Administrator General against cost and other expenses at the Court thinks fit, directing the Administrator General to apply for letters of administration of the estate of such person: Provided that, in the case of an application being made under this section for letters of administration of the estate of an exempted person, the Court may refuse to grant letters of administration, if it is satisfied that such grant is unnecessary for the protection of the assets; and in such case the Court shall make such order as to the costs of the application as it thinks fit.",
"name": "Power to direct Administrator General to apply for administration",
"related_acts": "",
"section_id": 10
},
{
"act_id": 99,
"details": "11. (1) Whenever any person, not being an exempted person, has died leaving assets within Bangladesh, or being an exempted person, has died leaving assets within the local limits of the ordinary original civil jurisdiction of the High Court Division or within any area notified by the Government in this behalf in the official Gazette, and the Court is satisfied that there is no person immediately available, who is legally entitled to the succession to such assets, or that danger is to be apprehended of misappropriation, deterioration or waste of such assets, before it can be determined who may be legally entitled to the succession thereto, or whether the Administrator General is entitled to letters of administration of the estate of such deceased person, the Court may, upon the application of the Administrator General or of any person interested in such assets, or in the due administration thereof, forthwith direct the Administrator General to collect and take possession of such assets, and to hold, deposit, realize, sell or invest the same according to the directions of the Court, and in default of any such direction according to the provisions of this Act so far as the same are applicable to such assets. (2) Any order of the Court made under the provisions of this section shall entitle the Administrator General, (a)\tto maintain any suit or proceeding for the recovery of such assets, and (b)\tif he thinks fit, to apply for letters of administration of the estate of such deceased person, and (a)\tto retain out of the assets of the estate any fees chargeable under rules made under this Act, and to reimburse himself for all payments made by him in respect of such assets which a private administrator might lawfully have made.",
"name": "Power to direct Administrator General to collect and hold assets until right of succession or administration is determined",
"related_acts": "",
"section_id": 11
},
{
"act_id": 99,
"details": "12. If, in the course of proceedings to obtain letters of administration under the provisions of section 9, section 10, or section 11, any person appears and established his claim- (a)\tto probate of the will of the deceased; or (b)\tto letters of administration as next-of-kin of the deceased, and gives such security as may be required of him by law, the Court shall grant probate of the will or letters of administration accordingly, and shall award to the Administrator General the costs of any proceedings taken by him, under those sections to be paid out of the estate as part of the testamentary or interstate expenses thereof.",
"name": "Grant of probate or letters of administration to person appearing in the course of proceedings taken by Administrator General under sections 9, 10 and 11",
"related_acts": "",
"section_id": 12
},
{
"act_id": 99,
"details": "13. If, in the course of proceedings to obtain letters of administration under the provisions of section 9, section 10, or section 11, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as next-of-kin of the deceased, within such period as to the Court seems reasonable, or if a person who has established his claim to a grant of letters of administration as next-of-kin of the deceased fails to give such security as may be required of him by law, the Court may grant letters of administration to the Administrator General.",
"name": "Grant of administration to Administrator General in certain cases",
"related_acts": "",
"section_id": 13
},
{
"act_id": 99,
"details": "14. Nothing in this Act shall be deemed to preclude the Administrator General from applying to the Court for letters of administration in any case within the period of one month from the death of the deceased.",
"name": "Administrator General not precluded from applying for letters within one month after death",
"related_acts": "",
"section_id": 14
},
{
"act_id": 99,
"details": "15. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 15
},
{
"act_id": 99,
"details": "16. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 16
},
{
"act_id": 99,
"details": "17. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Omitted",
"related_acts": "430",
"section_id": 17
},
{
"act_id": 99,
"details": "18. If an executor or next-of-kin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto establishes to the satisfaction of the Court a claim to probate of a will or to letters of administration in preference to the Administrator General, any letters of administration granted in accordance with the provisions of this Act to the Administrator General may be revoked, and probate or letters of administration may be granted to such executor or next-of-kin as the case may be: Provided that no letters of administration granted to the Administrator General shall be revoked for the cause aforesaid, except in cases in which a will of the deceased is proved in 18Bangladesh, unless the application for that purpose is made within six months after the grant to the Administrator General and the Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made.",
"name": "Recall of Administrator General’s administration, and grant of probate, etc., to executor or next-of-kin",
"related_acts": "",
"section_id": 18
},
{
"act_id": 99,
"details": "19. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act are revoked, the Court may order the costs of obtaining such letters of administration, and the whole or any part of any fees which would otherwise have been payable under this Act, together with the costs of the Administrator General in any proceedings taken to obtain such revocation, to be paid to or retained by the Administrator General out of the estate: Provided that nothing in this section shall affect the provisions of clause (c) of sub-section (2) of section 11.",
"name": "Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to Administrator General out of assets",
"related_acts": "",
"section_id": 19
},
{
"act_id": 99,
"details": "20. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act are revoked, the same shall, so far as regards the Administrator General and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such Administrator General or other person as aforesaid, after notice of a will or of any other fact which would render such letters void: Provided that no notice of a will or of any other fact which would render any such letters void shall affect the Administrator General or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.",
"name": "After revocation, letters granted to Administrator General to be deemed as to him to have been voidable only",
"related_acts": "",
"section_id": 20
},
{
"act_id": 99,
"details": "21. If any letters of administration granted to the Administrator General in accordance with the provisions of this Act are revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed, all payments made or acts done by or under the authority of the Administrator General in pursuance of such letters administration, prior to the revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such revocation.",
"name": "Payments made by Administrator General prior to revocation",
"related_acts": "",
"section_id": 21
},
{
"act_id": 99,
"details": "22. Whenever any Administrator General applies for letters of administration in accordance with the provisions of this Act, it shall be sufficient if the petition required to be presented for the grant of such letters states,- (i)\tthe time and place of the death of the deceased to the best of the knowledge and belief of the petitioner, (ii)\tthe name and addresses of the surviving next-of-kin of the deceased if known, (iii)\tthe particulars and value of the assets likely to come into the hands of the petitioner, (iv)\tparticulars of the liabilities of the estate if known.",
"name": "Administrator General’s petition for grant of letters of administration",
"related_acts": "",
"section_id": 22
},
{
"act_id": 99,
"details": "23. All probates or letters of administration granted to any Administrator General shall be granted to him by that name.",
"name": "Name in which probate or letters to be granted",
"related_acts": "",
"section_id": 23
},
{
"act_id": 99,
"details": "24. Probate or letters of administration granted by the High Court Division to the Administrator General 19* * * shall have effect over all the assets of the deceased throughout 20Bangladesh, and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets to such Administrator General. 21* * *",
"name": "Effect of probate or letters granted to Administrator General",
"related_acts": "",
"section_id": 24
},
{
"act_id": 99,
"details": "25. (1) Any private executor or administrator may with the previous consent of the Administrator General 22* * * by an instrument in writing under his hand notified in the official Gazette, transfer the assets of the estate vested in him by virtue of such probate or letters to the Administrator General by that name or any other sufficient description. (2) As from the date of such transfer the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the Administrator General shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.",
"name": "Transfer by private executor or a administrator of interest under probate or letters",
"related_acts": "",
"section_id": 25
},
{
"act_id": 99,
"details": "26. (1) When the Administrator General has given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets or any part thereof in discharge of such lawful claims as he has notice of. (2) He shall not be liable for the assets so distributed to any person of whose claims he had not notice at the time of such distribution. (3) No notice of any claim which has been sent in and has been rejected or disallowed in part by the Administrator General shall affect him unless proceeding to enforce such claim are commenced within one month after notice of the rejection or disallowance of such claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay. (4) Nothing in this section shall prejudice the right of any creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively. (5) In computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor to the Administrator General and the date of the final decision of the Administrator General on such claim shall be excluded.",
"name": "Distribution of assets",
"related_acts": "",
"section_id": 26
},
{
"act_id": 99,
"details": "27. (1) When the Administrator General has, so far as may be, discharged all the liabilities of an estate administered by him, he shall notify the fact in the official Gazette, and he may, by an instrument in writing, with the consent of the official Trustee and subject to any rules made by the Government, appoint the Official Trustee to be the trustee of any assets then remaining in his hands. (2) Upon such appointment such assets shall vest in the Official Trustee as if he had been appointed trustee in accordance with the provisions of the Official Trustees Act 1913, and shall be held by him upon the same trusts as the same were held immediately before such appointment.",
"name": "Appointment of official Trustee as trustee of assets after completion of administration",
"related_acts": "",
"section_id": 27
},
{
"act_id": 99,
"details": "28. (1) The High Court Division may, on application made to it, give to the Administrator General 23* * * any general or special directions as to any estate in his charge or in regard to the administration of any such estate. (2) Applications under sub-section (1) may be made by the Administrator General or any person interested in the assets or in the due administration thereof.",
"name": "Power for High Court Division to give directions regarding administration of estate",
"related_acts": "",
"section_id": 28
},
{
"act_id": 99,
"details": "29. (1) No Administrator General shall be required by any Court to enter into any administration-bond, or to give other security to the Court, on the grant of any letters of administration to him by that name.",
"name": "No security nor oath to be required from Administrator General",
"related_acts": "",
"section_id": 29
},
{
"act_id": 99,
"details": "(2) No Administrator General or Deputy Administrator General shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this Act, and, if the facts stated in any such petition are not within the Administrator General's own personal knowledge, the petition may be subscribed and verified by any person competent to make the verification.",
"name": "Manner in which petitions to be verified by Administrator General and his Deputy",
"related_acts": "",
"section_id": 30
},
{
"act_id": 99,
"details": "(3) The entry of the Administrator General by that name in the books of a Company shall not constitute notice of a trust, and a company shall not be entitled to object to enter the name of the Administrator General on its register by reason only that the Administrator General is a corporation and in dealing with assets the fact that the person dealt with is the Administrator General shall not of itself constitute notice of a trust.",
"name": "Entry of Administrator General not to constitute notice of a trust",
"related_acts": "",
"section_id": 31
},
{
"act_id": 99,
"details": "30. The Administrator General may, whenever he desires, for the purposes of this Act, to satisfy himself regarding any question of fact, examine upon oath (which he is hereby authorized to administer) any person who is willing to be so examined by him regarding such question.",
"name": "Power to examine on oath",
"related_acts": "",
"section_id": 32
},
{
"act_id": 99,
"details": "31. Whenever any person has died leaving assets within 24Bangladesh, and the Administrator General 25* * * is satisfied that such assets, excluding any sum of money deposited in a Government Savings Bank, or in any Provident Fund to which the provisions of the 26Provident Funds Act, 1925, apply did not at the date of death exceed in the whole two thousand Taka - in value, he may, after the lapse of one month from the death if he thinks fit, or before the lapse of the said month if he is requested so to do by writing under the hand of the executor or the widow or other person entitled to administer the estate of the deceased, grant to any person, claiming otherwise than as a creditor to be interested in such assets, or in the due administration thereof, a certificate under his hand entitling the claimant to receive the assets therein mentioned left by the deceased, within the 27Bangladesh to a value not exceeding in the whole two thousand taka:Provided that no certificate shall be granted under this section- (i)\twhere probate of the deceased's will or letters of administration of his estate has or have been granted, or (ii)\tin respect of any sum of money deposited in a Government Savings Bank or in any Provident Fund to which the provisions of the 28Provident Funds Act, 1925, apply.",
"name": "In what case Administrator General may grant certificate",
"related_acts": "136,136",
"section_id": 33
},
{
"act_id": 99,
"details": "32. If, in cases failing within section 31, no person claiming to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the Administrator General under the same section, or probate of a will or letters of administration of the estate of the deceased, and such deceased was not an exempted person, or was an exempted person who has left assets within the ordinary original civil jurisdiction of the High Court Division, or within any area notified by the Government in this behalf in the official Gazette the Administrator General after the lapse of the said three months, or if he is required so to do in writing under the hand of the executor or the widow or other person entitled to administer the estate of the deceased, before the lapse of the said three month may administer the estate without letters of administration, in the same manner as if such letters had been granted to him; and if he neglects or refuses to administer such estate, he shall, upon the application of a creditor, grant a certificate to him in the same manner as if he were interested in such assets otherwise than as a creditor, and such certificate shall have the same effect as a certificate granted under the provisions of section 31, and shall be subject to all the provisions of this Act which are applicable to such certificate: Provided that the Administrator General may, before granting such certificate, if he thinks fit, require the creditor to give reasonable security for the due administration of the estate of the deceased.",
"name": "Grant of certificate to creditors and power to take charge of certain estates",
"related_acts": "",
"section_id": 34
},
{
"act_id": 99,
"details": "33. The Administrator shall not be bound to grant any certificate under section 31 or section 32, unless he is satisfied of the title of the claimant and of the value of the assets left by the deceased 29* * * either by the oath of the claimant, or by such other evidence as he requires.",
"name": "Administrator General not bound to grant certificate unless satisfied of claimant’s title, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 99,
"details": "34. The holder of a certificate granted in accordance with the provisions of section 31 or section 32, shall have in respect of the assets specified in such certificate the same powers and duties, and be subject to the same liabilities as he would have had or been subject to if letters of administration had been granted to him: Provided that nothing in this section shall be deemed to require any person holding such certificate, (a)\t\tto file accounts or inventories of the assets of the deceased before any Court or other authority, or (b)\t\tsave as provided in section 32 to give any bond for the due administration of the estate.",
"name": "Effect of certificate",
"related_acts": "",
"section_id": 36
},
{
"act_id": 99,
"details": "35. The Administrator General may revoke a certificate granted under the provisions of section 31 or section 32 on any of the following grounds, namely: (i)\tthat the certificate was obtained by fraud or mis-representation made to him, (ii)\tthat the certificate was obtained by means of an untrue allegation of a fact essential in law to justify the grant though such allegation was made in ignorance or inadvertently.",
"name": "Revocation of certificate",
"related_acts": "",
"section_id": 37
},
{
"act_id": 99,
"details": "36. (1) When a certificate is revoked in accordance with the provisions of section 35, the holder thereof shall, on the requisition of the Administrator General, deliver it up to such Administrator General, but shall not be entitled to the refund of any fee paid thereon. (2) If such person wilfully and without reasonable cause omits to deliver up to the certificate, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand taka, or with both.",
"name": "Surrender of revoked certificate",
"related_acts": "",
"section_id": 38
},
{
"act_id": 99,
"details": "3036A. When a certificate is revoked in accordance with the provisions of section 35, all payments made bona fide under such certificate to the holder thereof before such revocation, shall, notwithstanding such revocation, be a legal discharge to the person making the same, and the holder of such certificate may retain, and reimburse himself in respect of, any payments made by him which the person to whom a certificate or probate or letters of administration may afterwards be granted, might lawfully have made.",
"name": "Payment to holder of certificate before it is revoked",
"related_acts": "",
"section_id": 39
},
{
"act_id": 99,
"details": "37. The Administrator General shall not be bound to take out letters of administration of the estate of any deceased person on account of the assets in respect of which he grants any certificate, under section 31 or section 32, but he may do so if he revokes such certificate under section 35 or ascertains that the value of the estate exceeded two thousand Taka.",
"name": "Administrator General not bound to take out administration on account of assets for which he has granted certificate",
"related_acts": "",
"section_id": 40
},
{
"act_id": 99,
"details": "38. Where a person not having his domicile in 31Bangladesh has died leaving assets in 32Bangladesh and in the country in which he had his domicile at the time of his death, and proceedings for the administration of his estate with respect to assets in 33Bangladesh have been taken under section 31 or section 32, and there has been a grant of administration in the country of domicile with respect to the assets in that country, the holder of the certificate granted under section 31 or section 32, or the Administrator General, as the case may be, after having given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time therein named, such lawful claims as he has notice of may, instead of himself distributing any surplus or residue of the deceased's property to persons residing out of Bangladesh who are entitled thereto transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons.",
"name": "Transfer of certain assets from Bangladesh, to executor or administrator in country of domicile for distribution",
"related_acts": "",
"section_id": 41
},
{
"act_id": 99,
"details": "39. (1) The revenues of the Government shall be liable to make good all sums required to discharge any liability which the Administrator General, if he were a private administrator, would be personally liable to discharge, except when the liability is one to which neither the Administrator General nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by the exercise of reasonable diligence have averted, and in either of those cases the Administrator General shall not, nor shall the revenues of the Government be subject to any liability. 34* * *",
"name": "Liability of Government",
"related_acts": "",
"section_id": 42
},
{
"act_id": 99,
"details": "40. (1) If any suit be brought by a creditor against any Administrator General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Administrator General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator General was reasonably entitled to require. (2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateably with the other creditors.",
"name": "Creditors’ suits against Administrator General",
"related_acts": "",
"section_id": 43
},
{
"act_id": 99,
"details": "41. Nothing in section 80 of the Code of Civil Procedure, 1908, shall apply to any suit against the Administrator General in which no relief is claimed against him personally.",
"name": "Notice of suit not required in certain cases",
"related_acts": "86",
"section_id": 44
},
{
"act_id": 99,
"details": "42. (1) There shall be charged in respect of the duties of the Administrator General such fees, whether by way of percentage or otherwise, as may be prescribed by the Government: 35* * * (2) The fees under this section may be at different rates for different estates or classes of estates or for different duties, and shall, so far as may be, be arranged so as to produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this Act (including such sum as Government may determine to be required to insure the revenues of the Government against loss under this Act).",
"name": "Fees",
"related_acts": "",
"section_id": 45
},
{
"act_id": 99,
"details": "43. (1) Any expenses which might be retained or paid out of any estate in the charge of the Administrator General, if he were a private administrator of such estate, shall be so retained or paid and the fees prescribed under section 42 shall be retained or paid in like manner as and in addition to such expenses. (2) The Administrator General shall transfer and pay to such authority, in such manner and at such time as the Government may prescribe, all fees received by him under this Act, and the same shall be carried to the account and credit of the Government.",
"name": "Disposal of fees",
"related_acts": "",
"section_id": 46
},
{
"act_id": 99,
"details": "44. The account of every Administrator General shall be audited at least once annually, and at any other time if the Government so direct, by the prescribed person and in the prescribed manner.",
"name": "Audit of Administrator General’s accounts",
"related_acts": "",
"section_id": 47
},
{
"act_id": 99,
"details": "45. The auditors shall examine the accounts and forward to the Government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by them showing- (a)\twhether the accounts have been audited in the prescribed manner, (aa) \twhether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be inserted therein, (b)\twhether the books which by any rules made under this Act are directed to be kept by the Administrator General, have been duly and regularly kept, and (c)\twhether the assets and securities have been duly kept and invested and deposited in the manner prescribed by this Act, or by any rules made thereunder, or (as the case may be) that such accounts are deficient, or that the Administrator General has failed to comply with this Act or the rules made thereunder, in such respects as may be specified in such certificate.",
"name": "Auditors to examine accounts and report to Government",
"related_acts": "",
"section_id": 48
},
{
"act_id": 99,
"details": "46. (1) Every auditor shall have the powers of a Civil Court under the Code of Civil Procedure, 1908,- (a)\tto summon any person whose presence he thinks necessary to attend him from time to time; and (b)\tto examine any person on oath to be by him administered; and (c)\tto issue a commission for the examination on interrogatories or otherwise of any person; and (d)\tto summon any person to produce any document or thing the production of which appears to be necessary for the purpose of such audit or examination. (2) Any person who when summoned refuses, or without reasonable cause, neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined, shall be deemed to have committed an offence within the meaning of, and punishable under, section 188 of the 36Penal Code and the auditor shall report every case of such refusal or neglect to Government.",
"name": "Power of auditors to summon and examine witnesses, and to call for documents",
"related_acts": "86",
"section_id": 49
},
{
"act_id": 99,
"details": "47. The costs of and incidental to such audit and examination shall be determined in accordance with rules made by the Government, and shall be defrayed in the prescribed manner.",
"name": "Costs of audit, etc.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 99,
"details": "48. The Administrator General may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure (a)\ton such acts as may be necessary for the proper care and management of any property belonging to any estate in his charge; and (a)\twith the sanction of the High Court Division on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property.",
"name": "General powers of administration",
"related_acts": "",
"section_id": 51
},
{
"act_id": 99,
"details": "49. Any person interested in the administration of any estate, which is in the charge of the Administrator General shall, subject to such conditions and restrictions as may be prescribed, be entitled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on payment of the prescribed fee, to copies thereof and extracts therefrom.",
"name": "Power of person beneficially interested to inspect Administrator General’s accounts, etc., and take copies",
"related_acts": "",
"section_id": 52
},
{
"act_id": 99,
"details": "50. (1) The Government shall make rules for carrying into the effect the objects of this Act and for regulating the proceedings of the Administrator General. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe accounts to be kept by the Administrator General and the audit and inspection thereof, (b)\tthe safe custody, deposit and investment of assets and securities which come into the hands of the Administrator General, (c)\tthe remittance of sums of money in the hands of the Administrator General in cases in which such remittances are required, (d)\tsubject to the provisions of this Act, the fees to be paid under this Act, and the collection and accounting for any such fees, (e)\tthe statements, schedules and other documents to be submitted to the Government or to any other authority by the Administrator General, and the publication of such statements, schedules or other documents, (f)\tthe realization of the cost of preparing any such statements, schedules or other such documents, (h)\tthe manner in which and the person by whom the costs of and incidental to any audit under the provisions of this Act are to be determined and defrayed, (i)\tthe manner in which summonses issued under the provisions of section 46 are to be served and the payment of the expenses of any person summoned or examined under the provisions of this Act and of any expenditure incidental to such examination, and (j)\tany matter in this Act directed to be prescribed. (3) All rules made under this Act shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 53
},
{
"act_id": 99,
"details": "51. Whoever, during any examination authorized by this Act, makes upon oath a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a stage of a judicial proceeding.",
"name": "False evidence",
"related_acts": "",
"section_id": 54
},
{
"act_id": 99,
"details": "52. All assets in the charge of the Administrator General which have been in his custody for a period of twelve years or upwards whether before or after the commencement of this Act without any application for payment thereof having been made and granted by him shall be transferred, in the prescribed manner, to the account and credit of the Government: Provided that this section shall not authorize the transfer of any such assets as aforesaid, if any suit or proceeding is pending in respect thereof in any Court.",
"name": "Assets unclaimed for twelve years to be transferred to Government",
"related_acts": "",
"section_id": 55
},
{
"act_id": 99,
"details": "53. (1) If any claim is hereafter made to any part of the assets transferred to the account and credit of the Government under the provisions of this Act, or any Act hereby repealed, and if such claim is established to the satisfaction of the prescribed authority, the Government shall pay to the claimant the amount of the principal so transferred to its account and credit or so much thereof as appears to be due to the claimant. (2) If the claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such assets, apply by petition to the High Court Division against the Government, and such Court, after taking such evidence as it thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal sum as it thinks fit, and such order shall be binding on all parties to the proceeding. (3) The Court may further direct by whom the whole or any part of the cost of each party shall be paid.",
"name": "Mode of proceeding by claimant to recover principal money so transferred.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 99,
"details": "54. (1) Whenever any person, other than an exempted person, dies leaving assets within the limits of the jurisdiction of a District Judge, the District Judge shall report the circumstance without delay to the Administrator General 37* * * stating the following particulars so far as they may be known to him:- (a)\tthe amount and nature of the assets, (b)\twhether or not the deceased left a will and, if so, in whose custody it is, (c)\tthe names and addresses of the surviving next-of-kin of the deceased, and, on the lapse of one month from the date of the death, (d)\twhether or not any one has applied for probate of the will of the deceased or letters of administration of his estate. (2) The District Judge shall retain the assets under his charge, or appoint an officer under the provisions of 38the Succession Act, 1925, to take and keep possession of the same until the Administrator General has obtained letters of administration, or until some other person has obtained probate or such letters or a certificate from the Administrator General under the provisions of this Act, when the assets shall be delivered over to the holder of such probate, letters of administrator or certificate: Provided that the District Judge may, if he thinks fit, sell any assets which are subject to speedy and natural decay, or which for any other sufficient cause he thinks should be sold, and he shall thereupon credit the proceeds of such sale to the estate. (3) The District Judge may cause to be paid out of any assets of which he or such officer has charge, or out of the proceeds of such assets or of any part thereof, such sums as may appear to him to be necessary for all or any of the following purposes, namely: (a)\tthe payment of the expenses of the funeral of the deceased and of obtaining probate of his will or letters of administration of his estate or a certificate under this Act, (b)\tthe payment of wages due for services rendered to the deceased within three months next preceding his death by any labourer, artizan or domestic servant, (c)\tthe relief of the immediate necessities of the family of the deceased, and (d)\tsuch acts as may be necessary for the proper care and management of the assets left by the deceased, and nothing 39in the Succession Act, 1925, or in any other law for the time being in force with respect to rights of priority of creditors of deceased persons shall be held to affect the validity of any payment so caused to be made.",
"name": "District Judge in certain cases to take charge of property of deceased persons, and to report to Administrator General",
"related_acts": "138,138",
"section_id": 57
},
{
"act_id": 99,
"details": "55. (1) Nothing contained in the 40Succession Act, 1925, or 41Companies Act, 1913, shall be taken to supersede or affect the rights, duties and privileges of any Administrator General. (2) Omitted by of Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.",
"name": "55.\tSuccession Act and Companies Act not to affect Administrator General",
"related_acts": "138",
"section_id": 58
},
{
"act_id": 99,
"details": "56. Any order made under this Act by any Court shall have the same effect as a decree.",
"name": "Order of Court to be equivalent to decree",
"related_acts": "",
"section_id": 59
},
{
"act_id": 99,
"details": "57. Notwithstanding anything in this Act, or in any other law for the time being in force, the Government may, by general or special order, direct that, where subject of a foreign State dies in Bangladesh and it appears that there is no one in Bangladesh other than the Administrator General, entitled to apply to a Court of competent jurisdiction for letters of administration of the estate of the deceased, letters of administration shall, on the application to such Court of any Consular Officer of such foreign state, be granted to such Consular Officer on such terms and conditions as the Court may, subject to any rules made in this behalf by the Government by notification in the official Gazette think fit to impose.",
"name": "Provision for administration by Consular Officer, in case of death in certain circumstances of foreign subject",
"related_acts": "",
"section_id": 60
},
{
"act_id": 99,
"details": "58. Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.",
"name": "Repealed",
"related_acts": "",
"section_id": 61
},
{
"act_id": 99,
"details": "59. Nothing in this Act shall be deemed to affect the provisions of the Registration Act, 1908.",
"name": "Saving of provisions Registration Act, 1908",
"related_acts": "90",
"section_id": 62
},
{
"act_id": 99,
"details": "59A. Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973",
"name": "Omitted",
"related_acts": "430",
"section_id": 63
},
{
"act_id": 99,
"details": "60. Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).",
"name": "Repealed",
"related_acts": "",
"section_id": 64
}
],
"text": "1♣An Act to consolidate and amend the Law relating to the office and duties of Administrator General. WHEREAS it is expedient to consolidate and amend the Law relating to the office and duties of Administrator General; It is hereby enacted as follows:-"
} |
{
"id": 100,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma and figure \"Factories Act, 1965\" were substituted, for the words, comma and figure “Indian Factories Act, 1911” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"4 The word \"Taka\" was substituted, for the word \"rupees\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The White Phosphorus Matches Prohibition Act, 1913",
"num_of_sections": 6,
"published_date": "7th March, 1913",
"related_act": [
100,
430
],
"repelled": false,
"sections": [
{
"act_id": 100,
"details": "1. (1) This Act may be called the White Phosphorus Matches Prohibition Act, 1913. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force on the first day of July, 1913, with the exception of section 6, which shall come into force on the first day of July, 1914.",
"name": "Short title, extent and commencement",
"related_acts": "100",
"section_id": 1
},
{
"act_id": 100,
"details": "2. In this Act, “white phosphorus” means the substance commonly known as white or yellow phosphorus.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 100,
"details": "3. Repealed by section 2 and Schedule of the Repealing Act, 1938).",
"name": "Repealed",
"related_acts": "",
"section_id": 3
},
{
"act_id": 100,
"details": "4. (1) No person shall use white phosphorus in the manufacture of matches. (2) Any person who uses, or permits the use by any person under his control, of white phosphorus in the manufacture of matches, shall be punishable with fine which may extend to two hundred 2Taka.",
"name": "Prohibition of use of white phosphorus in manufacture of matches",
"related_acts": "",
"section_id": 4
},
{
"act_id": 100,
"details": "5. (1) Every person who manufactures matches shall allow an Inspector of Factories appointed under the 3Factories Act, 1965, at any time to take for analysis sufficient samples of any material in use or mixed for use, in such manufacture: Provided that any such person may, at the time the sample is taken, and on providing the necessary appliances, require the Inspector to divide the sample so taken into two parts, and to mark, seal and deliver to him one part. (2) Any person who refuses to permit any such Inspector of Factories as aforesaid to take a sample, in accordance with the provisions of sub-section (1), shall be punishable with fine which may extend to two hundred 4Taka.",
"name": "Power of Inspector of Factories to take samples of material used in manufacture",
"related_acts": "",
"section_id": 5
},
{
"act_id": 100,
"details": "6. (1) No person shall sell, or offer or expose for sale, or have in his possession for the purposes of sale, any matches made with white phosphorus. (2) Any person who contravenes the provisions of sub-section (1) may, on complaint to a Sub-divisional Magistrate or Magistrate of the first class, be ordered to forfeit any such matches in his possession, and any matches so forfeited shall be destroyed or otherwise dealt with as the Magistrate may direct.",
"name": "Prohibition of sale",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to prohibit the importation, manufacture and sale of matches made with white phosphorus. WHEREAS it is expedient to prohibit the importation, manufacture and sale of matches made with white phosphorus; It is hereby enacted as follows:-"
} |
{
"id": 101,
"lower_text": [
"1 The word \"Bangladesh\" was substituted, for the word \"Pakistan\" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)."
],
"name": "The Mussalman Wakf Validating Act, 1913",
"num_of_sections": 5,
"published_date": "7th March, 1913",
"related_act": [
101,
430
],
"repelled": false,
"sections": [
{
"act_id": 101,
"details": "1. (1) This Act may be called the Mussalman Wakf Validating Act, 1913. (2) It extends to the whole of 1Bangladesh.",
"name": "Short title and extent",
"related_acts": "101",
"section_id": 1
},
{
"act_id": 101,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“Wakf” means the permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Musslman law as religious, pious or charitable. (2)\t“Hanafi Mussalman” means a follower of the Mussalman faith who conforms to the tenets and doctrines of the Hanafi school of Mussalman law.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 101,
"details": "3. It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law, for the following among other purposes:- (a)\tfor the maintenance and support wholly or partially of his family, children or descendants, and (a)\twhere the person creating a wakf is a Hanafi Mussalman, also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the Mussalman law as a religious, pious or charitable purpose of a permanent character.",
"name": "Power of Mussalman to create certain wakfs",
"related_acts": "",
"section_id": 3
},
{
"act_id": 101,
"details": "4. No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.",
"name": "Wakfs not to be invalid by reason of remoteness of benefit to poor, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 101,
"details": "5. Nothing in this Act shall affect any custom or usage whether local or prevalent among Mussalmans of any particular class or sect.",
"name": "Saving of local and sectarian custom",
"related_acts": "",
"section_id": 5
}
],
"text": "An Act to declare the rights of Mussalmans to make settlements of property by way of “wakf” in favour of their families, children and descendants. WHEREAS doubts have arisen regarding the validity of wakfs created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants and ultimately for the benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; It is hereby enacted as follows:"
} |